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    Chapter 11 Dockets
    This document approves a stipulation between Macerich Sunland Park Holdings LLC and the debtors resolving Macerich's claims. The stipulation allows Macerich an administrative claim of $54,690.01 to be paid according to the terms of any confirmed Chapter 11 plan. The stipulation is binding on trustees and responsible parties under any confirmed plan. The court retains jurisdiction over implementing and enforcing the stipulation.

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    Li, Q Aiid: Bgldii (Gs

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    Chapter 11 Dockets
    22 views6 pages
    This document approves a stipulation between Macerich Sunland Park Holdings LLC and the debtors resolving Macerich's claims. The stipulation allows Macerich an administrative claim of $54,690.01 to be paid according to the terms of any confirmed Chapter 11 plan. The stipulation is binding on trustees and responsible parties under any confirmed plan. The court retains jurisdiction over implementing and enforcing the stipulation.

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    This document approves a stipulation between Macerich Sunland Park Holdings LLC and the debtors resolving Macerich's claims. The stipulation allows Macerich an administrative claim of $54,690.01 to be paid according to the terms of any confirmed Chapter 11 plan. The stipulation is binding on trustees and responsible parties under any confirmed plan. The court retains jurisdiction over implementing and enforcing the stipulation.

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    Download as PDF, TXT or read online from Scribd
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    22 views6 pages

    Li, Q Aiid: Bgldii (Gs

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    Chapter 11 Dockets
    This document approves a stipulation between Macerich Sunland Park Holdings LLC and the debtors resolving Macerich's claims. The stipulation allows Macerich an administrative claim of $54,690.01 to be paid according to the terms of any confirmed Chapter 11 plan. The stipulation is binding on trustees and responsible parties under any confirmed plan. The court retains jurisdiction over implementing and enforcing the stipulation.

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    Docket #4406 Date Filed: 12/23/2009

    IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

    In

    re:
    al.,r

    )
    )
    )

    Chapter

    11

    MERVYN'S HOLDINGS, LLC, e!

    Case No. 08-11586

    (KG)

    Debtors.

    Jointly Administered

    IE: D-).44QD
    Stipulationz attached hereto
    as

    ORDER APPROVING STIPULATION BETWEEN MACERICH SUNLAND PARK HOLDINGS LLC AND DEBTORS RESOLVING CI=TAIMS qF MACBRTCH SUNLANp PARK BgLDII{gS LI,q

    AIID NOW, upon consideration of the foregoing

    Fxhibit A, and good cause appearing for the approval tbereof, it is hereby:
    ORDERED, that the Stipulation is APPROVED; and it is further ORDERED, that paynrent of the Allowed Clairn shallbe in full and final satisfaction of Landlord's claim number 6489, and shall be rnade in accordance with the terms of the Chapter
    11 plan ultimately confirnred in these Chapter I

    cases; and

    it is ftirther

    ORDERED, that nothing herein shall be deenred to impact or in any way disallow any
    unsecured claim previously allowed

    by the Debtors in the Order Granting Debtors' Fotu'tlt

    Onmibus Objection to Clainrc [Docket No. 3819]; and it is further

    ORDERSD, 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

    1I plan confrrmed 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; and it is further

    The Debtors in these cases, along rvith tlre 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). 'Terms not defined herein shall have the nreanings attributed to them in the Stipulation.

    RLFI 3519854v,1

    0q/v),7 2o 0811586091223000000000018

    ORDERED, the Court shall retain jurisdiction over the implementation and enforcement

    of the Stipulation and this Order.

    Dated: Decernber6.., 2009 Wilmington, Delaware

    RLFI 3519854v.1

    EXHIBIT A

    RLFI 3519854v.1

    IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELA,WARE

    ln re:
    MERVYN'S HOLDINGS, LLC,9!
    Debtors.

    )
    )

    Chapter

    ll
    (KG)

    3L,,'

    )
    )
    ) )

    Case No. 08-11586

    Jointly Administered

    STIPULATION BETWEEN MACERICH SUNLAND PARK HOLDINGS LLC AND pEETORS RI,SOLVING CLATNIS OF MAqERICH SV,NLANp PARK HOLpINGS LLC
    Macerich Sunland Park Holdings LLC ("Landlord') and the above-captioned debtors and
    debtors in possession (the'oDebtors") hereby stipulate as follows:

    RECITALS

    A.
    Code").

    On July 29, 2008 (the "Pg!i$gU_Dglg"), each of the Debtors filed a voluntary

    petition for relief under Chapter 11 of title 11 of the United States Code (the "Ballguptcy

    B. C.
    "Claim").

    The Landlord has filed various proofs of claim in these Chapter 11 cases. The Debtors have filed certain Ornnibus Objections to Claims (the "Qbj_ggliggg").

    In the Objections, the Debtors objected to, among others, Landlord's clairn number 6489 (the

    D.

    Since the filing of the Objectious, the Debtors and the Landlord have reached an

    agreenrent as to the treatment

    of the Clainr, and have agreed to enter into this Stipulation to

    clarify the allowarrce and treatnent of the Claim.

    E.

    The Debtors and Landlord HEREBY STIPULATE AND AGREE as follows:

    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).

    RLFI 3519854v.1

    AGBEEMENT

    l. 2. 3. 4.
    these Chapter

    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 an

    administrative claim against Mervyn's LLC in the amount of $54,6g0.01 (the,.Allowed Qlaim,,).
    Payment of the Allowed Clainr shall be in full and final satisfaction of the Claim,

    and shall be ntade in accordance rvith the ternrs of the Chapter

    l1 plan ultimately confirmed

    irr

    1l

    cases.

    5.

    Nothing herein shall be deemed to impact or in any way disallow any unsecured

    clainr previously allowed by the Debtors in the Order Granting Debtors' Fourth Omnibus
    Objection to Claims [Doclcet No. 3gl9].

    6'
    Chapter

    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 confinned in these

    cases;

    (ii) any Chapter 1l tnrstee appointed in

    these cases

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

    RLFI J519854v.1

    Dated: December 22, 2009

    /s/ Ptlstirr P...Franch Dustin P. Branch

    i (No. 2732)
    . Samis (No. a909) L. Katherine Good (No. 5l0l) zuCHARDS, LAYTON & FINGER, P.A.

    KATTEN MUCHIN ROSENMAN LLP


    2029 Century Park East, Suite 2600 Los Angeles, California 90067 Telephone: (3 I 0) 788-4420 Facsimile: (3 10) 712-827 I Email : dustin.branch@kattenlaw. com Counsel to Landlord Macerich Smland Park Holdings LLC

    One Rodney Square 920 North King Street

    Wilnrington, Delaware 1 980I Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Enrail: [email protected]
    de fi'anc eschi @rl f.

    conr

    [email protected] [email protected]
    and

    Howard S. Beltzer Wendy S, Walker Kizzy L. Rosenblatt MORGAT, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone: (212) 309-6000 Facsimile: (212) 309-600 I Email : [email protected] [email protected] [email protected]
    Attornel's for tlrc Debtors and Deblors in Possessiort

    RLFI 3519854v.1

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