Docket #4492 Date Filed: 1/15/2010

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In

re:
Debtors.

)
) )

Chapter

ll
(KG)

MERVYN'S HOLDINGS, LLC, et al.,r

)
)

Case No.08-11586

Jointly Administered
Re: Docket No.4488

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF HIGH POINT DESIGN LLC AND NOW, upon consideration of the Stipulation 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, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

'elaware

,2010 EVIN GROSS THE HOINORABL PTCY JUDGE UNITED STATES BA

' 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).
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EXHIBIT A

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TN

THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

) 4,t )
) )

Chapter

11

MERVYN'S HOLDINGS, LLC,9!

Case No. 08-115S6

(I(G)

Jointly Administered

STIPIJLATION FOR ALLOWAI\CE AND PAYMENT CLATMS O{JilGH POINT pESIGN Llq

OF'

High Point Design LLC ("High Point") and the above-captioned debtors and debtors in
possession (the "Debtors") hereby stipulate as follows:

RECITALS

A.

High Point timely filed proofs of claim (the "Filed Claiml") seeking, among other

things, priority and payment as follows:

(1) Claim No. 4304, general unsecured priority, $5,702.40; and

(2) Claim No. 6273, administrative priority, $27,578.08.

B. 1. 2. 3.

The Debtors and High Point HEREBY STIPULATE AND AGREE as follows:

AGREEMENT
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.

On account of the Filed Claims, High Point shall be allowed an administrative

expense claim against Meryyn's LLC pursuant amount of 527,578.08 (the "A119wed Claim").

to l l U.S.C. $$ 503(bX1) and 507(a)(2) in the

I The D.btoo 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).

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RLFI 3527083v.1

4.

Payment of the Allowed Claims shall be made in accordance with the terms of the

chapter 1l plan ultimately con-firmed

in these chapter 11 cilsos, or upon further order of this

Court.

5.
chapter I
and/or

This Stipulation shall be binding upon

(i)

any liquidating tustee; 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 trustee appointed or elected in these cases.

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Christopher M. Samis (No. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmingion, Delaware i980 1 Telephone: (302) 651-7704 Facsimile: (302) 651-7741 Email : collins@rlf.com defranceschi@rlf,com samis@rlf.com good@rlf.com
and

Mayer (No. 3758) Daniel M. Silver (ltlo. a758) MCCARTER & ENGLISH, LLP Renaissance Centre 405 N. King Street, 8th Floor Wilmington, DE 19801 Telephone (302) 984-6300 Facsimiie (302) 984-6399 Facsimile Email: kmayer@nccarter.com dsilver@mccarter.com

Counsel to High Point Design LLC

Howard S. Beltzer Wendy S, Walker MORGAN, LEWIS & BOCKIUS LLP 101 ParkAvenue New York, New York 10178-0060 Telephone : QlzJ 309-6000 Facsimile: (212) 309-600 I Email : hbeltzer@morganlewis.com wwalker@rnorganlewis.co m

Attorneysfor the Debtors and Debtors in Possession

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