IN TIIE TINITED STATES BAIIKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE In

re:
et

) Atr )
) Debtors. )

Chapter

11

MERVYN'S HOLDINGS, LLC,

Case No. 08-11586

(KG)

Jointty Administered

TZ,, D.l, 4rto

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM OF' JBFFTRIES LEVERAGED CREDIT PRODUCTS LLC ffRANSFEREE OF BJD INC.)

AND NOW, upon consideration of the Stipulation,z

approval thereof, it is hereby:

and good cause appearing

for the

ORDERED, that the Stipulation attached hereto as Exhibit A is APPROVED; and

further

it

is

ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

Dated:

Wilmington, Delaware

OdfAeR. 14

,2oos
KEVIN GROSS UNITED STATES

t The D"btors 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 (gg50). 'Terms not defined herein shall have the meanings attributed to them in the Stipulation.
DBt/63787904.1 RIJ'l-3,145960-1

0q/v)*. %1 0811586091014000000000005

EXHIBIT A

DBt/63787904.1 RLFI-3445960-l

IN THE UNITED STATES BA}IKRUPTCY COTJRT FOR THE DISTRICT OF DELAWARE In re: MER\IYIVS HOLDINGS, LLC, et at.,,l

)
)

Chapter

11

)
)

Case No. 08-11586

(KG)

Debtors.

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE Ai\D PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM OF JEFFERIES LEVERAGED CREDIT PRODUCTS LLC (TRANSFEREE OF BJD INC.)
Jefferies Leveraged Credit Products LLC ("Jefferies"), as transferee of BJD Inc. ("BJD")

and the above-captioned debtors and debtors in possession (the

"E!s!g")

hereby stipulate as

follows:

RECITALS

A. B. C. D. 1. 2.

On or after July 29,2008, BJD provided the Debtors with goods in the aggregate

amount of $346,570.21.

On or about January 15, 2009, BJD timely filed a proof of claim (Claim No.

6039) seeking, among other things, payment of such amount.

On or about October

l,

2009, BJD transferred Claim 6039

in the amount of

$346,570.21 to Jefferies [Docket No. 4044]. The Debtors and Jefferies 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

t

until approved by the Bankruptcy Court.

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). Th" D"btots in these
DBt/63787904.r RLFI-3,145960-l

3.

Jefferies (as transferee of BJD) shall be allowed an adminisffative expense claim

on account of Claim 6039 against Mervyn's LLC pursuant to

507(a)(2) in the amount of $346,570.21 (the "Allowed

1l

U.S.C. $$ 503(bxl) and

").

Administrdiv

4.
chapter

Payment of the Allowed Adminishative Expense Claim shall be made to Jefferies,

or its designee, in accordance with the terms of the chapter 1l plan ultimately confirmed in these
1

1 cases or earlier,

ifso ordered by this court.

5.

This Stipulation shall be binding upon

(i)

any liquidating trustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter 11 plan confirmed in these cases; (ii) any chapter l

trustee appointed in these cases

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

DBr/63787904.r RLFI-3445960-1

: October 13.2009

Mike Richards

M. Samis (No.4909) D. Fortune (No. 4857) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Sheet Wilmington, Delaware 1 9801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Email : collins@rlf.com defranceschi@rlf.com samis@lf.com fortune@rlf.com
and

One Station Place, Three North Stamford, CT 06902 Jefferies Leveraged Credit Products LLC, Transferee of Claim 6039 203-363-8251 (phone) 203-724-1636 (fax) mrichards@ efferies. com

t_____J

of

Jefferies Leveraged

Credit Products LLC

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 3 09-6000 Facsimile: (212) 309-6001 Email : hbeltzer@morganlewis. com wwalker@morganlewis. com
Attorneys for the Debtors and Debtors in Possession

DBt/63787904.r

RLFl-3445960-l

Dated:

Wilmington, Delaware

t )nt. ll z*n

Mark D. Collins (No. 2981) Daniel J. DeFranceschi (No. 2732) Christopher M. Samis (No. 4909) L. Katherine Good (No. 5l0l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square '920North King Sheet Wilmington, Delaware I 9801 Telephone: (302) 651-7700 Facsimile: (302) 657-77 0l Email: collins@lf.com defranceschi@rlf.com samis@lf.com good@rlf.com
and

Stamford, CT 06902 Jefferies Leveraged Credit Products Transferee of Claim 6039 203-363-8244(phone) 203-724-1636 (fax)

LLC,

rminkoff@jefferies.com

of [Senior Vice President-J Jffiries Leveraged Credit Products LLC

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Email : hbeltzer@norganlewis.com wwalker@morganlewis. com

Attorneysfor the Debtors and

Debtors in Possession

DBI/63787904.