Docket #4318 Date Filed: 12/4/2009

IN THE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC, et al,t
Debtors.

)
)

Chapter

11

) Case No.08-11586 )n

(KG) 1(X

Jointry Administerea

Drr l/l{t

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT.PF CLAIMS OF VALENCIA IMPQRTS

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 further

as

Exhibit

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

)&4noog
ilnrington, Delaware

' 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 (gg50), 'Terms not defined herein shall have the meanings aftibuted to them in the Stipulation,
DBI/63796834.1 RLFI -3s04639-l

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EXHIBIT A

DBt/63't96834.1 RLFI -3504639-l

IN TITE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
MERVYN'S HOLDINGS, LLC, et 3!,r
Debtors.

)
)
)

Chapter

11

Case No.08-11586

(KG)

Jointly Administered

Valencia Imports ("Valencia") and the above-captioned debtors and debtors in possession
(the "Debtors") hereby stipulate as follows:

RECITALS

A. B.

Prior to July 9, 2008, Valencia provided the Debtors with goods in the agg.egate

net amount of $I0,678.54 (the "!hgeggled_Q.laim").

Within the twenty days prior to July 29,2008 (the "Petition Date"), and after the

Petition Date, Valencia provided the Debtors with goods in the aggregate amount of $30,885.43
(the "Administrative Claim").

C.

Valencia timely filed proofs of claim and administrative expense claims (Claim

Nos. 2447, 6310 6855, 1306, 5217, and 6007) seeking, among other things, payment on account of the Unsecured Claim and the Administrative claim (the "Filed claims").

D,
"Objections").

The Debtors have filed one or rnore claim objections to the Filed Claims (the

E.

The Debtors and Valencia HEREBY STIPULATE AND AGREE as follows:

AGREEMENT

' 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/63796834.t

1. 2. 3.

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 Claims, Valencia shall be allowed (i) a general unsecured

claim against Mervyn's LLC in the amount of $10,678.54 (the ooAllowed Unsecured Claim") and

(ii) an administrative expense claim against Mervyn's LLC pursuant to 1l U.S.C. $ 503 in the
amount

of $30,885.43 (the "Allowed

,Administr

" and together with the Allowed

Unsecured Claim, the "Allowed Clajms").

4, 5.
chapter i
Court.

Any and all previously filed objections to the Filed Claims are oveffuled to the

extent inconsistent with the terms hereof. Payment of the Allowed Claims shall be made in accordance with the terms of the

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

6.

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 cases;

(ii) any chapter I I trustee appointed in

these cases

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

DBI/63796834.1

M. Samis [No. a909) ne Good (No. 5101)

RICHARDS, LAYTON & FINGE& P.A.
One Rodney Square 920 North King Street

Katharine L, Mayer (No. 3758) Daniel M, Silver (No. 4758) MCCARTER & ENGLISH, LLP Renaissanoe Centre 405 N. King Street, 8th Floor

Wilmington, Delaware I 9801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Email : collins@plf.com defranceschi@rlf.com samis@rlf.corn good@rlf.com
and

Wilmingto& DE 19801 Telephone (302) 984-6300 Facsimile (302) 984-6399 Facsimile

Email

: kmayer@mccarter.com
dsilver@mccarter.com

Counsel to Yalencia Imports

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone: Qlz) 309-6000 Facsimile: Qlz) 309-6001 Email : hbeltzer@morganlewis.com wwalker@morganl ewis.com

Attorneysfor the Debtors and Debtors in Possession

DBI/63796834.1

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