Docket #4308 Date Filed: 12/1/2009

IN THE UNITED STATES BAI\KRUPTCY COURT F'OR THE DISTRICT OF DELAWARE

In re: MERVYN'S HOLDINGS, LLC, et al,l

) )
)

Chapter 1l
Case No. 08-11586

(KG)

Debtors.

Ee D"r 4y'300

Jointly Administered

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF VF OUTDOOR INC.

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

l,zoo9

' The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Mervyn's Holdings, IJ c (3405), Mervyn's LLc (4456) and Mervyn's Brands, LLC (gg50).
'Terms not defined herein shall have the meanings attributed to them in the Stipufation.
DBl/64014179.1

RLFI-3s09269-l

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EXHIBIT A

DBI/64014179.1 RLFI-3s09269-l

IN THE UNITED STATES BAI\KRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: MER\rYN'S HOLDINGS, LLC,et
Debtors.

)
al.,r )

Chapter

11

Case No.08-11586

(KG)

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF VF OUTDOOR INC. VF Outdoor Inc. ("Outdoor") and the above-captioned debtors and debtors in possession
(the "Debtors") hereby stipulate as follows:

RECITALS

A. B.
Claim").

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

net amount of $4,282,384.00 (the "Unsecured_ek4lq").

Within the twenty days prior to July 29,2008 (the "Peti!ion_Date"), Outdoor

provided the Debtors with goods in the aggregate amount of $463,400 (the "Administrative

C.
Claims").

Outdoor timely filed a proof of claim (Claim No. 4813) seeking, among other

things, payment on account of the Unsecured Claim and the Administrative Claim (the ,,E!lg!

D. l.

The Debtors and OutdoorIIEREBY STIPULATE AND AGREE as follows:

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

The Debto.s in these cases, along with the last four digits of their federal tax identification numbers, are Mervlm's Holdings, LLC (3405), Merv;m's LLc (44s6) and Mervyn's Brands, LLc (gg50).
DBv640t4l79.l
RLFI-3509269-1

2.

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

and effect unless and until approved by the Bankruptcy Court.

claim against Mervyn's LLC in the amount of $4,282,384 (the "Allowed Unsecured Claim") and

(ii)

an administrative expense claim against Mervyn's

LLC pursuant to 11 U.S.C. $ 503(b)(9) in

the amount of $463,400 (the "Allowed

Administrati

" and together with the Allowed

Unsecured Claim, the "4Jlowed_Q,!e12").

4.

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

chapter 11 plan ultimately confirmed in these chapter 11 cases, or upon further order of this
Court.

5.

This Stipulation shall be binding upon (i) any liquidating trustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter 11 plan confirmed in these cr$es;
and./or

(ii) any chapter l l trustee appointed in

these cases

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

DBI/64014r79.1 RLFI-3509269-l

Dated: November 20, 2009 Milwaukee. Wisconsin

o.2732) Daniel J. Christopher M. Samis (No. 4909) L. Itutherine Oood (No. 5l0l) RICI{ARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North Kiug Steet Wilminglon, Delawore 19E01 Telophone: (302) 651-7700 Facsimile: (302) 651-7701 Email; collins@rlf.com defranceschi@rlf-com samis@lf.com good@rlf.com
and

Samuel C. Wisotzkey, Esq.

KOHNER, MA].IN & KAILAS, S,C. Washinglon Building Barnabas Business CEntcr 4650 North Port Washington Road Milwaukee, WI 532 12-1059 Telephone: (414) 962-5 I 1 0 Facsimilo: (414) 962-8725 Email : swisotzkcy@kmksa,com
Counsel to

Outdoor Inc.

Howard S. Beltzer Wendy S. Walker MORCA].I, LEWIS & BOCKruS LLP l0t Park Avenuc New Yorh New York 10178-0060 Telephone: (212) 309-5000 Facsimile: (212) 309-6001 Email : hbeltzer@morganlewis.com wwalker@morganlewis.com

Attorneysfor the Debtors ard Debtors in Possession

DBr/6{014r79,1