Docket #4957 Date Filed: 6/8/2010

IN TIIE IJNTTED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
MERVYN'S HOLDINGS, LLC,
Debtors.
et gL,,r

)
)
)

Chapter 1l
Case No.08-11586(KG)

) )
) )

Jointly Administered
Re: Docket

No.342Z

ORDE& PURSUANT TO SECTIONS 105, 363 AND 365 Or TIrE BANKRUPTCY CODE AND BANKRUPTCY RULES 2002,60O4 AND 6006, APPROVING TH,E,BqJECTION OF TIIE UNEXPTREp CrSCO EOUTPMENT LEASE
Pursuant to the Order Pursuant to Sections 105, 363 and 365 of

title

of the United

States Code and Rules 2002, 6004 and 6006 of the Federal Rules of Banlruptcy Procedure (the

"Banlcruptcy Rules"), Approving Expedited Procedures

for the Rejection or Assumption and

Assignment of the Debtors' Executory Contracts and Unexpired Leases (the "Prgggdgres-Order")

[Docket No, 544]; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. $$
157 and 1334; and this is a core proceeding pursuant to 28 U.S.C.

$ 157(bX2); and the Debtor

having properly filed and served a Rejection Notice (as defined in the Procedures Order) in
accordance with the terms of the Procedures Order

in respect of the Debtors' rejection of the

Master Agreement to Lease Equipment by and between Mervyn's LLC (as Lessee) and Cisco
Systems Capital Corporation (as Lessor) (the "Cisco Lease"); and no timely objections have
been filed to the rejection of the Cisco Lease; and due and proper notice of the Procedures Order

and Rejection Notice having been provided, and

it

appearing that

no other notice need

be

provided; and after due deliberation and suffrcient cause appearing therefor,

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

RLFI-340t737-2

0q/v*&( ! 0811586100608000000000001

NOW, IT IS HEREBY ORDERED THAT:

l. 2.

The rejection of Cisco Lease is hereby approved. The rejection of the Cisco Lease shall be effective on the date that is nine (9) days

from the date the applicable Rejection Notice was served on the affected counterparty or
landlord, or June 12,2009.

3.

Any claims against the Debtors arising from the rejection of the Cisco Lease

herein must be filed in accordance with the procedures for filing of proofs of claim as set forth in
the Procedures Order.

4.

The Debtors effectively abandoned the personal property subject to the Cisco

Lease that was not retrieved by Cisco Systems Capital Corporation pursuant to various rejection

notices filed in accordance with the Procedures Order.

5. 6. 7.
nur"a,4*

Neither the Rejection Notice nor this Order shall constitute an admission that the

Cisco Lease is a true lease as opposed to a disguised financing arrangement. The Debtors are authorized to take any action necessary to implement the terms

of

this Order and the rejection without further order from this Court.

This Court shall retain exclusive jwisdiction to resolve any dispute arising from

or related to this Order.

Wilmington, Delaware

ufuL

,zoos

THE H
TES BANKRUPTCY ruDGE

RLFI-340t737-2