IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC, et al.,r
Debtors.

)
)
) )

Chapter

11

) ) i

Case No. 08-11586

(KG)

Jointly Administered
Re: Docket Nos. 4045 and 4106

,/Jo?

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM OF SEASONAL SPECIALTIES. LLC

AND NOW, upon consideration of the Stipulation attached hereto as Exhibit A (the
"Stipulation"), and 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 implementation and enforcement of the Stipulation and this Order.

Dated:

JorErrBtP zoos Wilmington, Delaware

THE HON LINITED STIffES BA

' The Debto.s 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).
RLF l -347s243-l

0q/v)+$ &] 0811586091104000000000006

EXHIBIT A

RLFr -347s243-l

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
) )

Chapter

11

MERVYN'S HOLDINGS, LLC, et al.,r

) )
)

Case No. 08-11586

(KG)

Jointly Administered
Re: Docket Nos. 4045 and 4106

STIPULATION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM OF SEASONAL SPECIALTIES. LLC
Seasonal Specialties, LLC ("Seasonal") and the above-captioned debtors and debtors in
possession (the "Debtors") hereby stipulate as follows:

RECITALS

A.

On or after July 29,2008, Seasonal provided the Debtors with goods. On or about

January 5,2009, Seasonal timely filed a proof of claim (Claim No. 4976)
$18,139.68 (the "Claim") on account of the goods.

in the amount of

B.

On October l, 2009, the Court entered the Order Granting Debtors' Fifth

Omnibus Objection to Certain (A) Overstated and (B) Overstated and Misclassified Claims and

Motion to Reduce and/or Reclassifu Such Claims [Docket No. 4045] (the "Order"). Pursuant to
the Order, the Claim was expunged and disallowed in its entirety.

C.

On October 12,2009, Seasonal filed the Motion of Seasonal Specialties, LLC to

Reconsider and Vacate Order Granting Debtors' Fifth Omnibus Objection

to Certain

(A)

Overstated and (B) Overstated and Misclassified Claims and Motion to Reduce and/or Reclassify Such Claims, Solely as Relates to Claim No. 4957 [Docket No. 4106] (the

"Motion").

Pursuant

to the Motion, Seasonal seeks reconsideration of the Order solely as it relates to the Claim, on
t Th" D"btots in these cases, along with the last four digits of their federal tax identification numbers,
Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).

are

F.LFI-34'75243-l

the basis that

Motion).

it did not receive notice of the Debtors' Omnibus

Objection (as defined in the

D.

While the Debtors disagree with the contentions in the Motion, the parties have

conferred regarding the Omnibus Objection and the Motion, and have decided to settle the Claim

pursuant to this Stipulation in lieu

of engaging in potentially time-consuming and expensive

litigation with respect to the Motion.

The Debtors and Seasonal HEREBY STIPULATE AND AGREE as follows:

AGREEMENT

1. Z. 3.
pursuant

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.

Seasonal shall be allowed an administrative expense claim against Mervyn's LLC

to sections 503(bX1) and 507(a)(2) of chapter 1l of the United

States Code (the

"Bankruptcy Code") in the amount of $8,000.00 (the "Allowed Administrative Expense Claim").

4.

Payment

of the Allowed Administrative Expense Claim shall be made (a)

1

in

accordance with the terms of the chapter I 1 plan ultimately confirmed in these chapter

I cases
the

or (b) in the event of a conversion of these chapter

cases

to

cases under chapter

7 of

Bankruptcy Code, in accordance with the priorities set forth in the Bankruptcy Code.

5.

This Stipulation shall be binding upon (i) 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.

RLFI -3475243- I

October 30,2-009

{ Collins (No. 2981)

iel J. DeFranceschi (No. 2732) istopher M. Samis (No. 4909) D. Fortune (No.4857) RIC}IARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 1 9801 Telephone: (302) 651 -77 00 Facsimile: (302) 651 -77 01 Email: collins@rlf.com defranceschi@rlf.com samis@rlf.com fortune@rlf.com
and

Christopher P. Simon (No' 3697) Kevin S. Mann (No. 4576) CROSS & SMON LLC 913 North Market Street, l lth Floor P.O. Box 1380 Wilmington, Delawar e 19899 Telephone: (302) 77 7 -4200 Facsimile: (302) 777 -4224 Email : kmann@crosslaw. com
and

-/45k

Amy Swedberg MASLON EDELMAN BORMAN & BRAND, LLP 3300 Wells Fargo Center
90 South Seventh Street Minneapolis, MN 5 5402-4140 Telephone: (612) 67 2-83 67 Facsimile: (61,2) 642-83 67
Email : amy. swedberg@maslon. com

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 -600t Email : hb eltzer @mor ganl ewi s. c om wwalker@morganlewis' com
Attorneys the Debtors and Debtors in Possession

Counsel to Seasonal Specialties, LLC

for

RLFI-347s243-l