Docket #4537 Date Filed: 2/2/2010
IN TIIE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re:
MERVYT{'S HOLDINGS, LLC,9I
Debtors.
NT,'
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CbaPter
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(KG)
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Case No.08-11586
JointlY Administered
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DLt
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ALLOWANCE AND ORDER APPROVING STIPULATION FOR
ANDNow'uponconsiderationofthestipulationattachedheretoasExblbilA,andgood
cause appearing for the approval thereof,
it is hereby:
and it is turther ORDERED, that the Stipulation is APPROVED;
oRDERED,theCourtshallretainjurisdictiorrovertheimplementationandenforcement
of the StiPulation and this Order'
Dated
2010
Wilmington, Del[ware
THE H
Ginthesecases,alongrvitlrthelastfourdigitsoftheirfederaltaxidentificationnumbers,are (8850)' r,r-ciia56) and Mervyn's Brands, LLC Mervyn,s Holdings, r-udtii6sl r"r"i"yn't
DBI/64212176'l
0q/v*"" "C 0811586100202000000000002
EXHIBIT A
DBl/63868232.1
RLFl-3505838-l
IN THE I]NITED STATBS BAIYKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In
re:
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Chapter
Case No.
ll
0&il5S6 (KG)
MERVYN'S HOLDINGS, LLC,
Debtors.
Jointly Administered
STIPULATION FOR ALLOWAIICE AND
FTC Commercial ('FTC') and the above-captioned debtors and debtors in possession
(the "Debton") hereby stipulate as follows:
RECITALS
A. B. C. ' 2.
I
Prior to July 9, 2008, FTC provided the Debtors with goods in the aggregate net
amourt of $169,212.01.
On account of such goods, FTC has timely filed a proof of claim (Claim No. 3g5)
seeking allowance of its claim (the..Clai!q"). The Debtors and FTC HEREBY STIPULATE AND AGREE as follows:
AGREEMENT
The Recitals are trre and correct and are incorporated herein by reference.
This Stipulation is subject to Banlcruptcy Court approval and shall be of no force
and effect unless and until approved by the Bankruptcy Court.
3.
On account of the Claim, FTC shall be allowed a general unsecured claim against
Mervyn's LLC in the amount of $169,212.01. (the...{!gwed_Claim').
' Th" Debtoo in these cases, along with the last four digits of their federal tax identification numbers, are Menlrn's Holdings, LLc (3405), Mervyn's LLc (4456) and Mervyn's Brands, LLc (gg50).
DBt/63868232.1
4. 5.
chapter I
and/or
Payment of the Allowed Claim shall be made in accordance with the terms of the
chapter 11 plan ultimately confirmed in these chapter I I cases.
This Stipulation shall be binding upon (1) any liquidating tnrstee; plan
administrator; distribution agent and/or any other responsible person appointed pursuant to any
plan confirmed in these cases; (ii) any chapter 11 trustee appointed in these
cases
(iii) any chapter 7 tnrstee appointed or elected in these cases.
Wilmington,
"?
(No. Daniel J. Dfranceschi (No. 2732) istophef M. Samis (No. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Sheet Wilmington, Delaware I 9801 Telephone: (302) 651 -7 7 00 Facsimile: (302) 651-7701
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@ftcic.rct-
FTC Corporation
Email: collins@lf.com
defranceschi@rlf.com samis@lf.com good@lf.com
and
Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP l0l Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Email: hbeltzer@morganlewis.com wwalker@morganlewis. com
Attorneys for the Debtors and Debtors in Possession
2
DBI/63E6E232.1
