Docket #4281 Date Filed: 11/20/2009

IN TTIE IJNITED STATES BANKRUPTCY COT]RT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC,4
Debtors.

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4,r )
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Chapter

11

Case No.08-11586

(KG)

Jointly Administered

ORDER APPRO\ING STIPULATION FOR ALLOWANCE AI\{D PAYMENT OF CLAIM OF FTC CORPORATION

AND NOW, upon consideration of the foregoing Stipulation2 attached hereto as Exhibit A, and good cause appearing for the approval thereof, it is hereby:
ORDERED, that the Stipulation is APPROVED; and it is further ORDERED, the Court shall retain jurisdiction over the implementation and enforcement

of the Stipulation and this Order.

Dated:

xloUaifuz

Wilmington, Delawdre

t?zoot

t 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). 'Terms not defined herein shall have il1s msanings attributed to them in the Stipulation.
DBt/63868232.1 RLFt -3505838-r

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EXHIBIT A

DBl/63868232.1

RLFl-3505838-l

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

In

re:
et

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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

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@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