Docket #4862 Date Filed: 5/7/2010

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: MERVYN'S HOLDINGS, LLC,9!
Debtors.

) 4,t )
) )

Chapter

11

Case No. 08-11586

(KG)

ORDER APPROVING STIPIJLATTON BETWEEN SIITNSUNG TONGSA|{G CO., LTD. AND DEBTORS RESOLVING THE CLAIM OF SHINSUNG TONGSAI\G CO.. LTD. (CLAIM NO.5751)

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Jointly Administered

AND NOW, upon consideration of the Stipulation attached hereto

cause appearing for the approval thereof,

as

Exhibit A, and good

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.

THE IfDNORABLE KEVIN GROSS UNITED STAIES BANKRTIPTCY JL]DGE

The D"btots in these cases, along with the last four digits of their federal tax identification numbers, are Mervlm's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).

RLFI 3566029v.1

0q/v*%' %C 0811586100507000000000005

EXHIBIT A

RLFI 3566029v.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS, LLC, 9! 4,r
Debtors.

)
)

Chapter 1l
Case No. 08-11586

)
) )

(KG)

Jointly Administered

STIPULATION BETWEEN SHINSUNG TONGSA|IG CO., LTD. AI\D DEBTORS RESOLVING THE CLAIM OF SHINSUNG TONGSAI\G CO.. LTD. (CLAIM NO. 575I)
Shinsung Tongsang Co., Ltd. ("Shinsung") and the above-captioned debtors and debtors

in possession (the "Deb!ors") hereby stipulate as follows:

RECITALS

A. B.

Prior to July 8, 2008, Shinsung provided the Debtors with goods in the aggregate

net amount of $66,624.00 (the "Prepetition Claim").

Within the twenty days prior to July 29,2008 (the "Petition .Date"), Shinsung

provided the Debtors with goods in the aggregate net amount of $279,191.00 (the "Twguty-day

Claim" and, together with the Prepetition Claim, the "Claims").

C.
and 5751).

Shinsung timely filed proofs of claim on account of the Claims (Claim Nos. 5123

D.

On August 25,2009, the Debtors filed the Fifth Omnibus Objection (Substantive)

to Certain (A) Overstated and (B) Overstated and Misclassified Claims and Motion to Reduce
and./or Reclassiff Such Claims (the

"Fifth Omnibus Obiection") [Docket No. 3932] seeking to,

among other things, reduce and allow Claim No. 5123. On October 1,2009, the Court entered

Th" D"btors in these cases, along with the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLc (3405), Merv;m's LLc (4456) and Mervyn's Brands, LLc (8850).

RLFI 3566029v.1

an order granting the Fifth Objection (the "Fifth Omnibus Order") [Docket No. 4045], which,
,lmong other things, reduced and allowed Claim No. 5123.

E.

On February 19,2010, the Debtors filed the Twenty-second Omnibus Objection

(Substantive) to Certain Overstated Claims and Motion to Reduce or Expunge Such Claims (the

"Twenty-Second

Objecth")

seeking

to, among other things, expunge Claim No.

5751.

Thereafter, Shinsung filed its objection in response to the Twenty-Second Objection.

F. G. 1. 2. 3. 4. 5.

The Debtors and Shinsung have reached an agreement as to the treatment of

Claim No. 5751.

The Debtors and Shinsung 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.

Claim No. 5751 is hereby expunged.

For the avoidance of doubt, this Stipulation does not affect or alter the Fifth

Omnibus Order.

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 I I plan confirmed in these cases;
and/or

(ii) any chapter

trustee appointed in these cases

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

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(No.

o.89297)

Christopher M. Samis (No. 4909) Katisha D. Fortune (No. 4357) zucHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware I 9801 Telephone : (302) 651 -77 00 Facsimile: (302) 651-7701 Email: collins@rlf.com defranceschi@rlf.com samis@rlf.com fortune@rlf.com
and

Los Angeles, CA 90071 Telephone: (213) 929-2500

Facsimile: Ql3)929-2525
Email: hdavid@swlaw.com
Counsel to Shiruung Tongsang Co., Ltd.

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Email : hbeltzer@morganlewis.com wwalker@morganlewis. com
Attorneys fqr the Debtors and Debtors in Possession

D8v64725595.2