Docket #4309 Date Filed: 12/1/2009

IN TIIE TJNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC,et
Debtors.
a1.,1

)
) )

Chapter

11

) )

Case No. 08-11586

(KG)

Jointly Administered

,(, D*.2/to,
ORDER APPROVING STIPULATION FOR ALLOWANCE Ai\D PAYMENT OF CLAIMS OF JOCKEY INTERNATIONAL INC.

AND NOW, upon consideration of the foregoing Stipulation2 attached hereto A, and good cause appearing for the approval thereof, it is hereby:
ORDERED, that the Stipulation is APPROVED; and it is fiuther

as

Exhibit

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

, zoog

t Th" D"bto.s 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).
2

Terms not defined herein shall have the meanings attributed to them in the Stipulation.

DBl/64014127.1 RLFI-3509266-l

0q/v),! $0 0811586091201000000000004

EXIIIBIT A

DBvUO14t21.r
RLFI-3509266-l

IN THE UNITED STATES BAIIKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
)

Chapter

11

MERVYN'S HOLDINGS, LLC,et a1.,1

) )
)
)

Case No. 08-11536

(KG)

Jointly Administered

STIPULATION FOR ALLOWAI\CE AI\D PAYMENT OF CLAIMS OF JOCKEY INTERNATIONAL INC.

Jockey Intemational Inc. ("Jockey'') and the above-captioned debtors and debtors in
possession (the "Debtors") hereby stipulate as follows:

RECITALS

A. B.

Prior to July 9, 2008, Jockeyprovided the Debtors with goods in the aggregatenet

amount of $973,184.33 (the "Unsecured C.!aing").

Within the twenty days prior to July 29, 2008 (the "Pdilion-D49"), Jockey

provided the Debtors with goods in the aggregate amount of $324,020.67 (the "Administrative

Claim").

C.

Jockey timely filed a proof

of claim (Claim No. 5405) seeking, among

other

things, payment on account of the Unsecured Claim and the Administrative Claim (the "Filed Claims").

D. 1.

The Debtors and Jockey HEREBY STIPULATE AND AGREE as follows:

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

The Debtors in these cases, along with 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

DBt/&0r4r27.l
RLFl-3509266-l

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.

On account of the Filed Claims, Jockey shall be allowed (i) a general unsecured

claim against Mervyn's LLC in the amount of $973,184.33 (the "Allowed Unsecured Claim") and

(ii) an administrative expense claim against Mervyn's LLC

pursuant

to I I

U.S.C.

503(bX9) in the amount of 5324,020.67 (the "Allowed

the Allowed Unsecured Claim, the "4flowgd_Claims").

Administrati

' and together with

4.
chapter Court.

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

1l plan ultimately

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

5.

This Stipulation shall be binding upon (D 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 l

trustee appointed in these cases

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

DBv640t4t27.l
RLFI-3509266-t

Dated: November 25, 2009

Christopher M. Samis (No. a909) L. Katherine Good (No. 510l)

zucIIARDs, LAYToN & FINGE& P.A.

One Rodney Square 920 North King Street Wilmington, Delaware I 980 I Telephone: (302) 651 -7700 Facsimile: (302) 651 -77 Ol

KOHNER, MAI{N & KAILAS, S.C. Washington Building Barnabas Bwiness Cerrter 4650 North Port Washington Road Milwaukee, W 53212- t 059 Telephone: (414) 952-5 1 l0 Facsimile : (41 4) 962-8725 Email: swisoukey@kmksc.com
Counsel to Jockey International Inc.

Email: collins@lf.com defranceschi@lf-com

samis@lf.cot
good@rlf,com
and

Howard S. Beltzer Wendy S. Walker MORCAN, LEWIS & BOCKIUS LLP l0l Park Avenue New Yorlc" New York 10178-0060 Telephone: (212) 309-6000 Facsimile; (212) 309-600 I Email: hbeltzer@morgianlewis.com wwalker@morganlewis. oom

Attorneysfor the Debtors and Debtors in Possession

DBI/640t412?,1