Docket #4997 Date Filed: 6/14/2010

IN THE UNITED STATES BAIIKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

In re:
MERVYIVS HOLDINGS, LLC,
Debtors.
et

) 4,t )
)
)

Chapter

11

Case No. 08-11536

(KG)

Jointty Administered
Re: Docket

x".

All

ORDER APPRO\ING STIPULATION FOR ALLOWAIICE AT\[D PAYMENT OF CLAIMS OF DESIGN INDUSTRIES. INC.

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

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

and

ORDERED, that the Stipulation is APPROVED; and it is further ORDERED, the Court shall retain jurisdiction over the implementation and enforcement

of the Stipulation and this Order.

Dated:

r-*-r-re

. I4.roro
LE KEVIN GROSS ATES BANKRUPTCY JUDGE

WiJminglon, Delaware

' 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*&. #f 0811586100614000000000003

EXHIBIT A

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IN TIIE TJNITED STATES BAI\KRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
) ) )

Chapter

11

MERVYI{'S HOLDINGS, LLC, et al.,r

) )

Case No. 08-11536

(KG)

Jointly Administered

STIPULATION FOR ALLOWAI\CE AND PAYMENT OF CLAIMS OF DESIGN INDUSTRIES.INC.

Design Industries, Inc. ("Des]9") and the above-captioned debtors and debtors in
possession (the "Debtors") hereby stipulate as follows:

RJCITALS

A.

Design timely filed proofs of claim as follows (the "Filed Claims"):

(l)

Claim No. 656, administrative priority, $187,887.251' and

(2) Claim No. 6814, administrative priority, $187,887.25.

B.
"Qbj-eclions").

The Debtors have filed one or more claim objections to the Filed Claims (the

C. l. 2.

The Debtors and DESIGN 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.

Th" Debtorc in these cases, along with the last four digits of their federal tax identification numbers, are Mervlm's Holdings, LLc (3405), Mervyn's LLC (44s6) and Mervyn's Brands, LLC (8950).

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3.

In fulIresolution of the Filed Claims and the Objections, Design shall be allowed priority claim against Mervyn's LLC pursuant to I I U.S.C. $ 5030)(9) in

a single administrative

the amount of $187,887.25 (the "Allowed Claim"), which shall be ClaimNo. 656.

4.
Court.

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

chapter 11 plan ultimately confirmed in these chapter 11 cases, or upon further order of this

5. 6.
chapter
and/or

Design reseryes its right to object to any plan filed by the Debtors that fails to

comply with l1 U.S.C. $ I129(a)(9)(A).

This Stipulation shall be binding upon

(i)

any liquidating trustee, plan

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

1l plan

confirmed in these cases; (ii) any chapter 11 trustee appointed in these cases

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

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Dated: June 11,2010

Mark D. Co|fins (Nd 2!nl) i2) i; fi. dr'*i ""nr (No. a909) Christopher M. Samis Katisha D. Fortune (No. a857) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 1 9801 Telephone: (302) 65L-7700 Facsimile: (302) 651-7701 Email : collins@rlf.com defranceschi@rlf.com samis@rlf.com fortune@rlf.com

ffi

a;*fi

/s/ Kathleen M. Miller Kathleen M. Miller (No.2898) Smith, Katzenstein & Furlow LLP 800 Delaware Avenue, 1Oth Floor P.O. Box 410 Wilmington, DE 19899 (19801 courier) 302-652-8400 (phone) 302-652-8405 (fax) kmiller@skfdelaware. com Counsel to Design Industries, Inc.

and

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Email : hb eltzer @morganlewis. com wwalker@morganlewis. com
Attorneys for the Debtors and Debtors in Possession

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