Docket #4319 Date Filed: 12/4/2009

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC, et al.,r
Debtors.

)
)

Chapter

11

)
)

Case No. 08-11586 (KG)

fr Dr, l/dFr

Jointlv Administered

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIM OF J&F PESIGN INg

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 fuither

as

Exhibit

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

Dated:L

.,2009

ilmington, Delaware
THE HONORABLE UNITED STATES BA

IN GROSS

' 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 (sg50). 'Terms not defined herein shall have the meanings atfributed to them in the Stipulation.
DBI/6401s709.t RLFI-3508604-t

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EXHIBIT A

DII t/64015709,1

RLrl-350860+-l

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re: Debtors.

)
) ) )

Chapter Ll
Case No. 08-11536

MERVYN'S HOLDINGS, LLC, et al.,r

) )

(KG)

Jointly Administered

STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIM OF J&F DESIGN INC.

J&F Design Inc. ("J&F") and the above-captioned debtors and debtors in possession (the
o'Debtors") hereby stipulate as follows:

RECITALS

A. B.
to

Prior to July 9, 2009, J&F provided the Debtors with goods in the aggregate net

anount of $331,981.I8 (the "Unsecured Ckrim").

On or about November 7,2008, J&F filed a motion (the "Reclamation Motion")

[Docket No. 924], seeking allowance and payment of an administrative expense claim pursuant
11 U.S.C. $$ 503(b)(9)

with respect to the porlion of the Unsecured Claim that was provided

to the Debtors within 20 days of July 28, 2008.

C. C.

J&F timely filed proofs of claim (Claim Nos. 5172 and 5743) seeking, among

other things, payment of the Unsecured Claim (the "Filed Claim"). On or about January 30, 2009, the Court, in resolution of the Reclamation Motion,

entered an order which, inter alia, provided J&F with an allowed administrative expense claim

against Mervyn's LLC pursuant

to 1 1 U.S.C. $ 503(bX9) in the amount of $54,431.00

(the

"Allowed Administrative Expense Claim").

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).

DBI/64015709,1 RLFI -3508604-l

C. 1. 2. 3. 4. 5. 6,

The Debtors and J&F 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

until approved by the Bankruptcy Court.

On account of the Filed Claim, J&F shall be allowed a general unsecured claim

against Mervyn's LLC in the amount of $331,981.18 (the "A]lowgd Ql.aim").

This stipulation shall not alter, in any manner, the Allowed Administrative

Expense Claim. Payment of the Allowed Claim shall be made in accordance with the terms of the

chapter 1 I plan ultimately confirmed in these chapter 11 cases.

This Stipulation shall be binding upon

(i) 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

trustee appointed in these cases

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

DB l/64015709.1

RLFI.3508604.t

Dated: November 23, 2009 Wihnington, Delaydre / .../ ' .

.'/'pf,rlW*.4'i-

Mark D,tollins ffu#zqs t) \4 .w. eJ 9. ' Daniel {. DeFrancesctri (No. 2132) Christopher M. Samis (No. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A.
One Rodney Squale 920 North King Street Wilmington, Delaware 19801 Telephone : (302) 65 I-77 0A Facsinrile: (302) 651-770i Email: collins @ rlt-.com defianceschi @rlf.com

/s/ Marthew P. Austria Matthew P. Austria (No. 4827) 300 Delaware Avenue, Suite 1300 P.O. Box 25046 WERB & SULLIVAN Wilmington, DE 19899 Tel.: (302) 652-1100 Fax: (302) 652-11 I I maustria @werbsullivan.com
-and-

Alan I. Nahmias

samis@rlf.con good@rlf-com
and

MIRMAN & BUBMAN, L.L.P, Calilbrnia Bar No. 125140

21860 tsurbank ffoulevard, Suite 360 Woodland Hills, CA 91367-7406 Teleplrone: (8 I 8) 995-2555 Facsirnile: (8 1 B) 45 1 -4620 anahmias @ milmanbubman.co m

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKTUS LLP 101 Park Avenue New Yolk, Nerv York 10178-0060 Telephone: (2I2) 309-6000 Facsimile: (212) 309-6001 Email: hbeltzer @ morganlewis.con'r wwalker @ morganlewis.corn Attorneys.for the Dehtors antl De btct rs in Possel;sirsn

Caun"^el to

J&F'Design lnc.

DB I /6401

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