R'y'll: in LLC, 9!
R'y'll: in LLC, 9!
R'y'll: in LLC, 9!
In
re:
Debtors.
) 4,t )
) )
Chapter
11
(KG)
Jointly Administered
,(e-Drc,
r'y'll
as
ORDER APPRO\ING STIPULATION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATTVE EXPENSE CLAIM OF OUALITY WORLDWIDE. INC.
it is hereby:
ORDERED, that the Stipulation is APPROVED; and it is further ORDERED, the Court shall retain jurisdiction over the implementation and enforcement
010
Th. Drbtots 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).
DBu64408t69.2
RLF1 3539826v.1
0q/v*"3 !V 0811586100219000000000001
EXHIBIT A
DBI/6M08169.2
RLFI 3539826v.1
In
re:
Debtors.
)
al.,t )
) )
Chapter
ll
(KG)
)
)
Jointly Administered
STIPULATION FOR ALLOWAI\CE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM OF OUALITY WORLDWIDE. INC.
Quality Worldwide, lnc. ("Ouality'') and the above-captioned debtors and debtors in
possession (the "Debtors") hereby stipulate as follows:
RECITALS
A. B'
On or about February 18, 2009, Quality timely filed a proof of claim (Claim No.
6413) seeking, among other things, payment of $1,426,623.16 (the "Ori.grnal Claim,').
On or about August 25, 2009, the Debtors filed the Fifth Omnibus Objection
(Substantive) To Certain (A) Overstated and (B) Overstated And Misclassified Claims And
Motion To Reduce And/Or Reclassify Such Ctains [Docket No. 3932] (the ,,Objection"),
pursuant to which, among other things, the Debtors objected to the Original Claim.
C.
[Docket No' 3993]. Subsequently, on or about December 17,2009, Quality filed a supplemental
response to the Objection [Docket No. 4373] whereby Quality amended and reduced its Original
D.
' 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 (44s6) and Mervyn's Brands, LLc (gs50).
I
DBI/64408169.2
RLFI 3539826v.1
AGREEMENT
l. 2. 3. 4.
The Recitals are true and correct and are incorporated herein by reference.
In full resolution of the Amended Claim and the Objection, Quality shall be
$$
503(b)(1) and 507(a)(2) in the amount of $420,000.00 (the "Allowed Administrative Expense Claim").
5.
to
11 U.S.C. $ 503(b)(l)
arising from undelivered goods manufactured on or after July 29,2008 (the "petition Date,,),
Quality shall be entitled to receive payment on similar terms on account of the Allowed
Administrative Expense Claim at Quality's option or (ii) in the event that, prior to confirmation
of any chapter 11 plan, the Debtors do not make payments to any creditors on account of
administrative expenses pursuant
to
manufactured on or after the Petition Date, or in the event that in accordance with clause (i)
of
this paragraph Quality declines to receive earlier payment, Quality shall be entitled to payment on account of the Allowed Administrative Expense Claim in accordance with the terms of the
chapter l1 plan ultimately confirmed in these chapter 11 cases and on the effective date of such
plan.
DBt/64408169.2
RLFI 3539826v.1
chapter I
l plan confirmed in these cases; (ii) any chapter 11 tnrstee appointed in these cases
(No.29fl)
ranceschi (No.2 M. Smis (No. 4909) L. Katherine Good (No. 5101)
Monica Blvd.
Suite 1000 Los Angeles, Califomi a 90A25 Telephone: (3 l0) 478-8383 Facsimile: (3 10) 478-80CI6 Email: alan@alanikaplan.com
Csuruel to
fualiry Worl&vide,
tnc.
Howard S. Beltzer Wendy $. \I/alker MORGAN, T.EWIS & BOCKru$ LLP tOl Park Avenue New York, New York 10178-0060 Telephone : QI2) 309-6000
DBt/64408r69.2