Docket #4604 Date Filed: 2/18/2010

IN THE UNITED STATES BANKRUPTCY COURT FOR TI{E DISTRICT OF DELAWARE

In re:

) 4,t )
) Debtors. )

Chapter

11

MERVilVS HOLDINGS, LLC,9!

Case No. 08-11536

(KG)

t(t D,vrz?f
as

Jojptly Administered

ORDER APPRO\ING STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIM OF AGORA A DIVISION OF MAPSSY INTERNATIONAL

AND NOW, upon consideration of the Stipulation attached hereto

cause appearing for the approval thereof,

Exhibit A, and good

it is hereby:

ORDERED, that the Stipulation is APPROVED; and it is turther ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

Dated:

tg ,2010
Wilmington, Delaulre
THE HONORABLE KEVIN UNITED STATES BANKRUPTCY

' The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLc (3405), Mervyn's LLc (4456) and Mervyn's Brands, LLC (8850).
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0q/v*"2 #j 0811586100218000000000003

EXHIBIT A

DBI/64383641.1

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IN THE UNITED STATES BAI\KRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
al.,t )
) )
)

Chapter

11

MER\rYN'S HOLDINGS, LLC,9!

Case No. 08-11586

(KG)

Jointly Administered

STIPULATION FOR ALLOWAI\CE AI\D PAYMENT OF CLAIM OF AGORA A DIVISION OF MAPSSY INTERNATIONAL
Agora

A Division of Mapssy

International ("Asora") and the above-captioned debtors

and debtors in possession (the "Debtors") hereby stipulate as follows:

RECITALS

A. B. C. 1. 2. 3.

Prior to July 9, 2008, Agora provided the Debtors with goods which Agora asserts

have a value of $68,232.39 (the "Unsecured Claim").

On or about , Agora timely filed proofs of claim (Claim No. 248) seeking, among

other things, payment on account of the Unsecured Claim (the "Filed Claim"). The Debtors and Agora HERIBY STIPULATE AND AGREE as follows:

AGREEMENT
The Recitals are true and correct and are incorporated herein by reference.

This Stipulation is subject to Bankruptcy Court approval and shall be of no force

and effect unless and until approved by the Bankruptcy Court.

On account of the Filed Claim, Agora shall be allowed a general unsecured claim

against Mervyn's LLC in the amount of $62,099 .32 (the "4:1!owel1-.]Clfu").

The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Merv)m's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (3850).

'

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4. 5.
chapter

Payment of the Allowed Claim shall be made in accordance with the terms of the

chapter 11 plan ultimately confirmed in these chapter l

cases.

This Stipulation shall be binding upon

(i)

any liquidating tustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any

1l plan confirmed in these cases; (ii) any chapter 1l tustee

appointed in these cases

and/or (iii) any chapter 7 trustee appointed or elected in these cases.

Dated: 16 February 2010

(No.2732) L. Katherine Good (No. 5l0l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware I 980 1 Telephone: (302) 6St-7700 Facsimile: (302) 65t-7701 Email: collins@lf.com defranceschi@rlf.com samis@rlf.com good@rlf.com
and

Ballon Stoll Bader & Nadler, P.C. 729 Seventh Ave. 17th Fl. New York, NY 10019 212.575.7900 msheppeard@ballonstoll. com
Counsel to Agora A Division of Mapssy International

Howard S. Beltzer Wendy S. Walker MORGA}I, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 3 09-6000 Facsimile: Ql2) 309-6001 Email : hbeltzer@morganlewis. com wwalker@morganlewis. com

Attorneysfor the Debtors and Debtors in Possession

DBI/64383641.1