Docket #4881 Date Filed: 5/14/2010

IN THE UNITED STATES BANKRUPTCY COURT F'OR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC,9! gl,t
Debtors.

)
) )

Chapter

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(KG)

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Case No. 08-11586

(, Drrryflf
and

Jointly Administered

ORDER APPROVING STIPULATION BETWEEN ROYCE TOO LLC AND DEBTORS REGARTITNGJHE CLATMS OF ROYCqTOO LLC

AND NOW, upon consideration of the Stipulation, attached hereto as Exhibit A,

good cause appearing for the approval thereof, it is hereby:

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

UNITED STATES BANKRUPTCY,IUDGE

Thr Debtots in these cases, along with the last four digits of their federat tax identification numbers, are Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, L.t.C (8850).
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BXHIBIT A

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF'DELAWARE

In

re: Debtors.

)
)
)

ChaPter 1l
Case No. 08-11536

MERVYN'S HOLDINGS, LLC, et al,r

) )
)

(KG)

Jointly Administered

ttt*
possession (the "Debtors") hereby stipulate as follows:

oot

Royce Too LLC ("Royce Too") and the above-captioned debtors and debtors in

RECITALS

A. B.

Prior to July 9, 2008, Royce Too provided the Debtors with goods which Royce

Too asserts have an aggregate net value of $562,8.10.15-

Within the twenty days prior to July 29,2008 (the "Petition Date"), Royce Too

provided goods

to the Debtors with an aggregate value of

$326,475.10 (the "T-wqnty-day

elaipt").

C.
s9e8).

On August 19, 2008, Royce Too filed notice of its reclamation demand for all

goods provided by Royce Too to the Debtors in the 45 days prior to the Petition Date (Claim No.

D.

On or about Septernber 4, 2008, Royce Too filed a motion (the "Twenty-day

Motion") [Docket No. 383] seeking allowance and paymerrt of an adntinistrative expense claim
pursuant to 1l U.S^C, $ 503(bX9) with respect to the Twenty-day Claim.

The Debtors in these cases, along with the last four digits of their federal tax identification numbers, Mervyn's Holdings, t.L'C (3405), Mervyn's L.L.C (4456) and Mervyn's Brands, L.L.C (8850)

are

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On or about Septernber 25, 2008, the Court, in resolution of the Twenty-day

an
$

Motion, entered an order [Docket No. 527] which, inter alia, provided Royce Too with

allowed administrative expense claim against Mervyn's Holdings, LLC pursuant to 1l U"S"C" 503(bX9) in the amount of $326,475.10 (the "Allowed

Adminisjr

").

F.

On November 11, 2008, Royce Too timely filed a proof of claim (Clairn No. 621,

together with Clainr No. 5998, the "Filed Claims") in the amount of $236,355.05 seeking, among other things, palmrent on account of all other goods provided to the Debtors prior to the Petition Date.

G. 1. 2. 3"

The Debtors and Royce Too 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.

In full resolution of the Filed

Claims, Royce Too shall be allowed a general

unsecured claim against Mervyn's LLC in the amount of $203,451.47 (the "Allowed General Unsegured Claim")" The Allowed General Unsecured Claim shall be designated by the Debtorc'

claims agent as Clainr No, 621.

4, 5. 6,

Claim No. 5998 shall be deemed expunged.

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

Expense Claim"

Paynent of the Allowed General Unsecured Claim shall be made in accordance

11 plan

with the tenns of the chapter

ultimately confirmed in these chapter I

cases.

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This Stipulation shall be binding upon (i) any liquidating trustec; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter I I plan confirmed in these cases;

(ii) any chapter I I trustee appointed in these

cases

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

ALSTON & BIRD LLP

Christopher M" Samis (No. a909) L. Katherine Good (No. 510l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Sfteet Wilmington, Delaware I 9801 Telephone: (302) 651-7700 Facsimile: (302) 651-77 0l West Peachtree Street Atlanta, Georgia 30309 Telephone: 404-88 I -441 8 Facsimile: 404-881 -7777 Email : heather.byrd@alston.com

l20l

Counsel to Royce Too

LLC

Email: collins@lf.com
defranceschi@rlf"com samis@rlf.com good@rlf.com
and

Howard S. Beltzer Wendy S, Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone: (212) 109'6000 Facsimile: (212) 309-6001 Email : hbeltzer@morganlewis.com wwalker@morganlewi s"com
Attorneys the Debtors and Debtors in Possession

for

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