Docket #4537 Date Filed: 2/2/2010

IN TIIE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYT{'S HOLDINGS, LLC,9I
Debtors.
NT,'

)
)

CbaPter

l1
(KG)

)
)

Case No.08-11586

JointlY Administered

/"ua'Z

DLt

* /fr'/

ALLOWANCE AND ORDER APPROVING STIPULATION FOR

ANDNow'uponconsiderationofthestipulationattachedheretoasExblbilA,andgood
cause appearing for the approval thereof,

it is hereby:

and it is turther ORDERED, that the Stipulation is APPROVED;

oRDERED,theCourtshallretainjurisdictiorrovertheimplementationandenforcement
of the StiPulation and this Order'

Dated

2010

Wilmington, Del[ware
THE H

Ginthesecases,alongrvitlrthelastfourdigitsoftheirfederaltaxidentificationnumbers,are (8850)' r,r-ciia56) and Mervyn's Brands, LLC Mervyn,s Holdings, r-udtii6sl r"r"i"yn't
DBI/64212176'l

0q/v*"" "C 0811586100202000000000002

EXHIBIT A

DBl/63868232.1

RLFl-3505838-l

IN THE I]NITED STATBS BAIYKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re:
et

) 4,r ) )
) ) )

Chapter
Case No.

ll
0&il5S6 (KG)

MERVYN'S HOLDINGS, LLC,

Debtors.

Jointly Administered

STIPULATION FOR ALLOWAIICE AND

FTC Commercial ('FTC') and the above-captioned debtors and debtors in possession
(the "Debton") hereby stipulate as follows:

RECITALS

A. B. C. ' 2.
I

Prior to July 9, 2008, FTC provided the Debtors with goods in the aggregate net

amourt of $169,212.01.
On account of such goods, FTC has timely filed a proof of claim (Claim No. 3g5)

seeking allowance of its claim (the..Clai!q"). The Debtors and FTC HEREBY STIPULATE AND AGREE as follows:

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

This Stipulation is subject to Banlcruptcy Court approval and shall be of no force

and effect unless and until approved by the Bankruptcy Court.

3.

On account of the Claim, FTC shall be allowed a general unsecured claim against

Mervyn's LLC in the amount of $169,212.01. (the...{!gwed_Claim').

' Th" Debtoo in these cases, along with the last four digits of their federal tax identification numbers, are Menlrn's Holdings, LLc (3405), Mervyn's LLc (4456) and Mervyn's Brands, LLc (gg50).

DBt/63868232.1

4. 5.
chapter I
and/or

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

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

This Stipulation shall be binding upon (1) any liquidating tnrstee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any

plan confirmed in these cases; (ii) any chapter 11 trustee appointed in these

cases

(iii) any chapter 7 tnrstee appointed or elected in these cases.

Wilmington,

"?

(No. Daniel J. Dfranceschi (No. 2732) istophef M. Samis (No. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Sheet Wilmington, Delaware I 9801 Telephone: (302) 651 -7 7 00 Facsimile: (302) 651-7701

IPHoNE]

et3) 7W- gggs lFAxl CzE) 7Vs - sgg"

l@1

@ftcic.rct-

FTC Corporation

Email: collins@lf.com
defranceschi@rlf.com samis@lf.com good@lf.com
and

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP l0l Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Email: hbeltzer@morganlewis.com wwalker@morganlewis. com
Attorneys for the Debtors and Debtors in Possession

2
DBI/63E6E232.1