Docket #4889 Date Filed: 5/18/2010

IN THE UNITDD STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC,9! g,Lo'
Debtors.

)
)

Chapter

ll
(KG)

)
)

Case No. 08-11536

Jointly Administered

,(n

Dr,

,r4tss

ORDER APPROVING STIPULATION FOR ALLOWANCE ANI) BAYMENT.OF CLATMS.OF E

AND NOW, upon consideration of the Stipulation, attaclred hereto as Exhibit A,

good cause appearing fcrr the approval thereof, it is hereby:

and

ORDERED, tltat 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,

,2010

Wilmingfn, Delaware
BANI(RUPTCY JUDGE

' The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLC (3405), Meruyn's t.LC (4456) and Mervyn's Brands, LLC (8850).
RL,FI 3572065v I

0q/v*%2 # 0811586100518000000000003

EXIIIBIT A

RLFI 1572065v

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
)
)

Chapter

11

MERVYN'S HOLDINGS, LLC, e[ gl,r

) )
)

Case No. 08-11586

(KG)

Jointly Administered

STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF EMJ CORPORATION EM.l Corporation ("EMJ") and the above-captioned debtors and debtors in possession
(the "Debto.ts") liereby stipulate as follows:

RECITALS

A.

EMJ timely filed a proof of claim in the amount of 5624,121.20 as a secured

priority clairn. However, duplicate claims were also recorded by the claims agent (the "I!Jgd,
Claims") r'esulting in three filed clainrs as follows: (1) Claim No. 1093, secured priority, $642,121.20; (2) Claim No. 3531, secured prioritv, $642,121.20; and (3) Claim No" 4301, secured priority, 5642,121.20^

B.
"Objestions").

The Debtors have filed one or more claim objections to the Filed Claims (the

C.

The Debtors and EMJ HEREBY STIPULATE AIID AGREE as follows:

AGREEMEM

1"

The Recitals are true and correct and ale incorporated herein by reference.

' The Debtors in these cases, along witlr the last four digits of their federal tax identification numbers, Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850)

are

l{LFl 3572065v

2. 3.

This Stipulation is subject to Bankruptcy Court approval and shall be of no force

and effect unless and until approved by the Bankruptcy Court.

For a full resolution of the Filed Claims, EMJ shall be allowed a single general

unsecured claim against Mervyn's LLC in the amount of $583,767.20 (the

"dlowed Claim"),

which shall be Clairn No. 1093.

4. 5.
Court^

Any and all previously filed objections to the Filed Claims are overuled to

the

extent inconsistent with the terms hereof. Payment of the Allowed Clainr shall be made in accordance with the terms of the

chapter 11 plan ultimately confirmed in these chapter I I cases, or upon further order of this

6.
chapter

This Stipulation shall be binding upon (i) any liquidating trustee; plan

administrator; dishibution agent and/or any other responsible person appointed pursuant to any

1l plan confinned in these cases; (ii)

any chapter 11 trustee appointed in these cases

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

R[Fl 3572065v

KalharirelffidEfer (No.
. DeFranceschi (No. 2732)

37

8)

L. Katherine Good (No, 5101) RICHARDS, LAYTON & FINGER, P.A.

One Rodney Square 920 North King Street Wilmington, Delaware i 9801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Email: collins@rlf"com defranceschi@rlf,com samis@rlf.com good@rlf com
and
S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKII.JS LLP l0l Park Avenue New York, New York i0178-0060 Telephone: (212) 309-6000 Facsimile: (212) 309-6001 Email : hbeltzer@morganlewis.com wwalker@morganlewi s.com

Daniel M. Silver (No. a758) MCCARTER & ENGLISH, LLP Renaissance Cente 405 N" King Street, 8th Floor Wilmington, DE 19801 Telephone (302) 984'63 00 Facsimile (302) 984-6399 Facsimile Email: kmayer@mccarter.com dsilver@mccarter"com
Counsel to EMJ Corporation

lloward

Attorneys for rhe Debtors and Debtors in Possession

DBt/64t9843t

3
I

MEI 9951714v.