Docket #4615 Date Filed: 2/19/2010

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

In re: MERVY|I'S HOLDINGS, LLC,et

Debtors.
a1.,1

)
) )

Chapter

11

) )

Case No. 08-11586

(KG)

KeD*. l4aaas

Jointly Administered

ORDER APPROVING STIPULATION FOR ALLOWAIICE AND PAYMENT OF CLAIM OF ONE STEP UP

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:

ileb- Ig ,2oro Wilmington, Delaware

THE HtsNORABLE

Th" Debto.s in these cases, along with the last four digits of their federal tax identification numbers, Meryyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).

'

are

DBl/64208995.2

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EXHIBIT A

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IN TIIE UNITED STATES BAI{KRUPTCY COURT FOR THE DISTRICT OF DELAWARE

ln

re:
Debtors.

)
)
)

Chapter 1l
Case No. 08-11586

MERVYN'S HOLDINGS, LLC, et 4,t

)
)
)

(KG)

Jointly Administered

STIPULATION FOR ALLOWA}ICE AND PAYMENT OF CLAIM OF ONE STEP UP

One Step Up ("QUe Slep") and the above-captioned debtors and debtors in possession
(the "Debtors") hereby stipulate as follows:

RECITALS

A. B.
Claim").

Prior to July 29,2008 (the "Pe1!!!!on.Da1!e"), One Step provided the Debtors with

goods in the aggregatenet amount of $50,727.00 (the

"Plgp!!i@tlaim").

On or about December 26,2008, One Step timely filed a proof of claim (Claim

No. 2110) seeking, among other things, payment on account of the Prepetition Claim (the "Filed

C. l. 2. 3.

The Debtors and One Step HEREBY 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, One Step shall be allowed a general unsecured

claim against Mervyn's LLC in the amount of $41,000.00 (the "Allowed Unsecured Claim").

t Th" D"btots 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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RLFI 3539792v.1

4. 5. 6.

This stipulation shall not alter, in any manner, the Allowed Administrative

Expense Claim.

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

terms of the chapter 11 plan ultimately confirmed in these chapter 11 cases.

This Stipulation shall be binding upon (D any liquidating trustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter 11 plan confirmed in these cases; (ii) any chapter 11 trustee appointed in these cases
and"/or

(iii) any chapter

7 trustee appointed or elected in these cases.

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RLFI 3539792v.1

Christopher M. Samis (No. a909) L. Katherine Good CNo. 5101) zuCHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 1 9801 Telephone: (302) 651-7700 Facsimile: (302) 65 1 -77 0l Email: collins@rlf.com defranceschi@rlf.com samis@lf,com good@rlf.com
and

Gilbert A. Lazarus (No.1025) Lazarus &Lazaras, P.C. 240 Madison Avenue, 8th Flr. New York, New York, 10015 Telephone : 212-889-7 400 Facsimile: 212-684-03 14 Email: glawlazanrs@aol.com
Counsel to One Step Up

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP l0l Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Email : hbeltzer@morganlewis,com wwalker@morganlewi s. com
Attorneys for the Debtors and Debtors in Possession

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