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Chapter Ll
Case No. 08-11586
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(KG)
Debtors.
Jointty Administered
Re: Docket No. 3322
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an
administrative expense claim pursuant to I I U.S.C. $$ 503(b)(1); and it appearing that this Court
has
jwisdiction over this matter pursuant to 28 U.S.C. $$ 157 and 1334; and it appearing that this
proceeding is a core proceeding pursuant to 28 U.S.C. 157OX2); and it appearing that venue $
of
this proceeding and the Motion is proper in this District pursuant to 28 U.S.C. $$ 1408 and 1409; and the above-captioned debtors and debtors in possession having agreed to the entry of this Order; and due, adequate and sufficient notice of the Motion having been given; and it appearing
that no other notice need be given; and after due deliberation and sufficient cause appearing
therefore, it is hereby
ORDERED, that the Motion is granted, as modified by this Order; and it is further
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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RLFI-34453 I
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0q/v)*. !` 0811586091014000000000001
Mervyn's LLC pursuant to l1 U.S.C. $ 503(b)(l) in the amount of $29,028.54 (the "Allowed
Administrative Expense Claim"); and it is further
ORDERED, that payment of the Allowed Adminishative Expense Claim shall be paid
as
follows: (i) in the event that, prior to confirmation of any chapter 11 plan, the Debtors make
payments to any creditors on account of any administrative expenses pursuant
to
11 U.S.C.
503OXl) arising from goods delivered on or after the Petition Date, Kim & Cami shall be
entitled to receive payment on similar terms on account of the Allowed Administrative Expense
Claim 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 11 U.S.C.
$
503OXl) arising from goods delivered on or after the Petition Date, Kim & Cami shall be
entitled to payment on account of the Allowed Administrative Expense Claim in accordance with
the terms of the chapter 11 plan ultimately confirmed in these chapter I I cases and on the
effective date of such plan; and it is further
trustee; plan
administrator; diskibution agent and/or any other responsible person appointed pursuant to any chapter I
plan confirmed 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; and it is further
ORDERED, that this Court retains jurisdiction with respect to all matters arising from or
related to the implementation of this order.
Dated:
Omffe_t4
,2oog
KEVIN GROSS BANKRUPTCY JUDGE
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