Docket #4344 Date Filed: 12/9/2009

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: MER\IYN'S HOLDINGS, LLC, et al.,r

Debtors.

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) )

Chapter

ll

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)

Case No.08-11586 (KG)

Jointly Administered

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ORDER APPROVING STIPULATION BETWEEN MCCORDUCK PROPERTIES, LLC AND DEBTQBS RqSOLVING MCCORDUCK PROP.ERTIES. LLC'S CLAIMS

AND NOW, upon consideration of the foregoing Stipulation2 attached hereto as Exhibit

A,

and good cause appearing for the approval thereof,

it is hereby:

ORDERED, that the Stipulation is APPROVED; and it is further ORDERED, that payment of the Allowed Claims shall be in full and final satisfaction of

Landlord's claim numbers 6142,6143 and 6934, and shall be made in accordance with the terms of the Chapter 11 plan ultimately confirmed in these Chapter 11 cases; and it is further ORDERED, that 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
and/or

1l plan confirmed in these cases; (ii)

any Chapter t

I trustee appointed in these cases

(iii) any Chapter 7 trustee appointed or elected in these cases; and it is furlher
ORDERED, the Court shall retain jurisdiction over the implementation and enforcement

of the Stipulation and this Order.

Dated:

,2409
Delaware

THE HONOR.ABLE K UNITED STATES BANKRUPTCY JUDGE

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). t Terms not defined herein shall have the meanings attributed to them in the Stipulation.
DB l/640686t 7.1 RIFI 3s13780v.1

t Th" D"btots in these

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EXHIBIT A
(Stipulation)

DBI/640686t7.1

RtFl

3513780v.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DTSTRICT OF DELAWARE In re: MERVYN'S HOLDINGS, LLC,9!
Debtors,

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al.,r )
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Chapter l1
Case No. 08-l1586

(KG)

)
)

Jointly Administered

STIPULATION BETWEEN MCCORDUCK PROPERTIES, LLC AND DEBTORS S BE S OI,VING MC CORD UC K PRO PERTIE S " LL C' -CLAIIIS.
McCorduck Properties, LLC, a California limited liability company (the "Landlord") and

the above-captioned debtors and debtors in possession (the "Debtors") hereby stipulate
follows: R,ECITALS

as

A.
Code").

On July 29, 2008 (the "Petition Date"), each of the Debtors filed a voluntary

petition for relief under Chapter

l1 of title I t of the United

States Code (the "Bankruptcy

B. C.
and 6934 (the

The Landlord has filed various proofs of claim in these Chapter I I cases.

The Debtors have filed certain Omnibus Objections to Claims (the "Objections")'

In the Objections, the Debtors objected to, among others, Landlord's claim numbers 6142' 6143

"Claims")'
an Since the filing of the Objections, the Debtors and the Landlord have reached

D.

into this Stipulation to agreement as to the treatment of the Claims, and have agreed to enter
clarify the allowance and treatment of the Claims'

E.

The Debtors and Landlord HEREBY STIPULATE AND AGREE as follows:

t Th" D.btors in these cases, along with the last four digits of their federal tax identification Brands, LLc (8850)' Mervyn's Holdings, LLc (3405), Mervyn's LLC (4456) and Met'vyn's
DBr/64068617.1

numbers, are

RLFI 3513780v.1

AGREEMENT

l. Z. 3.

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.

The Debtors and the Landlord have agreed that Landlord shall be allowed (i) an

administrative claim against Mervyn's

LLC in the amount of $5,863'00 (the "Allowed

Administrative Claim"), and (ii) a general unsecured claim against Mervyn's LLC in the amount

of

$137,250.00 (the "Allowed General Unsecured Claim" and, together with the Allowed

Administrative Claim, the "Allowed Claims").

4,

Payment

of the Allowed Claims shall be in full and final in

accordance

satisfaction

of

the

Claims, and shall be made

with the terms of the Chapter 11 plan ultimately

confirmed in these Chapter 11 cases.

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 l
and/or

l trustee appointed in these cases

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

DB l/64068617, I RtFl 3513780v.1

Dated: December ffi,2A09 Wilmington, Delawgfe

fp

Mark D. Collins (No:?gat) Daniel J. DeFranceschi (No. 2732) Christopher M. Samis (No. a909) L. Katherine Good [No. 5101) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 1 9801 Telephone : (302) 651 -7 7 00 Facsimile: (302) 651-7701 Ernail: collins@rlf.com defranceschi@rlf.com samis@rlf.com good@1f.com
and

.! .'' o .,., , /;:i:'

,!
-

),uoT
Peter C. Califano,

lj/f|:i j

LP Cooper, White & 1 700 201 Califomia St San Francisco, CA Telephone: (al 5) 433-1 900 Telecopier: (a1 5) 433-5530 Email : pcqlit4no@.crvclaw. com
Attorneys

Properties, LLC

for Landlord McCorduclt

I{oward S. Beltzer Wendy S, Walker Kizzy L. Rosenblatt MORGAN, LEWIS & BOCKruS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (2lD 3A9-6001 Email : hbeltzer@morganlewis. com wwalker@morganl ewis. com
krosenblatt@morganlewis. com Attorneys for the Debtors and Debtors in Possession

DB l/64068617.1