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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
MERVYN'S HOLDINGS, LLC, g! 4,t
Debtors.
)
) )
Chapter
11
) )
Case No.08-11586
(KG)
Jointly Administered
2a, D.t.4O/O
ORDERAPPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF ADMIMSTRATIVE EXPENSE CLAIM OF ASM CAPITAL III, L.P. ffRANSFEREE OF KIDS WITH CIIARACTER)
AND NOW, upon consideration of the Stipulation attached hereto
cause appearing for the approval thereof, it is hereby:
as
ORDERED, that the Stipulation is APPROVED; and it is further ORDERED, the Court shall retain jurisdiction overthe implementation and enforcement of the Stipulation and this Order.
,2010
ington, Delaware
' The Debtors i1 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 Merfun's Brands, LLc (8850).
RLFI 3537135v.1
0q/v*$! -| 0811586100401000000000013
EXIIIBIT A
Rtll
3537135v.1
In re:
MERVYN'S HOLDINGS, LLC,
) egett ) ) Debtors. )
)
)
Chapter
11
Case No.08-11536
(KG)
Jointly Administered
STIPI'LATION FOR ALLOWANCE AND PAYMENT OF ADMIMSTRATTVE EXPENSE CLAIM OF ASM CAPITAL III, L.p. (TRANSFEREE OF KIDS WITH CHARACTER)
ASM Capital III, L.P. ("ASM"), as transferee of Kids With Character ("Kids") and the
above-captioned debtors and debtors in possession (the "Debtors") hereby stipulate as follows:
R-ECITALS
A. B. C. D. 1. 2.
On or after July 29,20A9 (the "Pet!!igglDate"), Kids provided the Debtors with
On or about January 28,2009, Kids timely filed a proof of Claim (Claim No.
AND AGREE
as
follows:
AGREEMENT
The Recitals are true and correct and are incorporated herein by reference.
' The Debtors in these cases, along with the last four digits of their federal tax idsntification numbers, are Mervyn's Holdings, LLc (3405), Mervyn's LLC (44s5) and Meriyn's Brands, LLc (gs50).
RLFI 3537135v.1
3.
4.
to 11 U.S.C. $ 503OXl)
arising from goods delivered on or after the Petition Date, ASM shall be entitled to receive
payment on similar terms on account of the Allowed Administrative Expense Claim at ASM'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 1l U.S.C,
503(bX1) arising from goods delivered to the Debtors, or in the event that in accordance with
clause
(i) of this paragraph ASM declines to receive earlier payment, ASM shall be entitled to
in accordance with the terms
of the chapter I I plan ultimately confirmed in these chapter 11 cases and on the effective date of
such plan.
5.
administrator; distribution agent and./or any other responsible person appointed pursuant to any chapter 11 plan confirmed in these cases;
and/or
RLJI
3537135v.1
Daniel J. DeFraqdeschi O{d?32) Christopher M.;6amis (No. 4909) L. Kalherine dood (No. 5101) RTCHARDS, LAYTON & FINGER" P.A. One Rodney Square 920 North King Skeet Wilmington, Delaware 1 gg01 Telephone: (302) 65 1 -7?00 Facsimile: (302) 651-7701 Email: collins@,rlf com
Capital{il,
L.P,
de*aneeschi@rlf.com samis@lf.com
good@rlf,conr
and
Howard S. Belteer Wendy S. X/alker MORGA}I" LEWIS & BOCKruS LLP 101 ParkAvenue New York, New York 10 178-0060 Telephone: (212) 309-6000 Facsimile: (212) 309-6001 Emaii: hbeltzer@morganlewis.com wwalker@morganlewis. com
in
Possession
DBI/64361?50.i