Docket #4507 Date Filed: 1/21/2010

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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

)
) )

Chapter

11

) )

Case No.08-11586 (KG)

Jointly Administered

,&hr e4tus
as

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF' CLAIMS OF TEAK. LLC (T/A TEAK MOTION VISUALS)

AND NOW, upon consideration of the Stipulation attached hereto

cause appearing for the approval thereof,

ExhibitA,

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.

Dated:

zl ,zoto
ilmington, Delaware
THE HO
.ATES

BANKRUPTCY JUDGE

' The Debtor* tl cases, along with the last four digits of their federal tax identification numbers, are _t-h.ry Mervyn's Holdings, LLc (340s), Mervyn's LLc (44s6) and Mervyn's Brands, LLc (gg50).
DBI/64t 84198,1

Rl,Fl 3528964v.1

0q/v*!5 &> 0811586100121000000000006

EXHIBIT A

DBI/64184198.1

RLFI 3528964v.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re:

)
9t glrt ) ) Debtors. )

Chapter

ll

MERVYN'S HOLDINGS, LLC,

Case No. 08-11536 (KG)

Jointly Administered

STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF TEAK. LLC (T/A TEAK MOTION VISUALS)
Teak, LLC (tla Teak Motion Visuals) ("Teak") and the above-captioned debtors and
debtors in possession (the "Dgb!ors") hereby stipulate as follows:

RECITAI.S

A. B.
amount of

Prior to July 9, 2008, Teak provided the Debtors with goods in the aggregate net
9. 5

amount of $254,05

3 (the,,prepetition Claim").

On or after July 29,2008, Teak provided the Debtors with goods in the aggregate
(the "posIpelijigg_ebm,').

$ I 3 4, 1 92. 3 8

C'
Claims"),

Teak timely filed proofs of claim (Claim Nos. 22 and 5496) seeking, among other

things, payment on account of the Prepetition Claim and the Postpetition Claim (the .,Eiled

D. 1' 2'

The Debtors and Teak HEREBY STIPULATE AND AGREE as follows:

AGREE.MENT
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.

' The Debtors T.tl:::."1t"s, along wilh-the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLc (3405), Mervyn's1lc g456) ana ueriyn's Brands, LLc (gs50).
DBI/64t 84 r 98.1 RLFI 3528964v.1

3.
and

On account of the Filed Claims, Teak shall be allowed (i) a general unsecured

claim against Mervyn's LLC in the amount of $254,059.53 (the "Allowed Unsecured

C
"

")
$$

(ii)

an administrative expense claim against Mervyn's LLC pursuant

to 1l

U.S.C.

503(bxl) and 507(a)(2) in the amount of $134,192.38 (the "Allowed

together with the Allowed unsecured claim, the "Allowed claimq"),

Administ

and

5. 6.
chapter

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

chapter I I plan ultimately confirmed in these chapter l1 cases.

This Stipulation shall be binding upon

(i)

any liquidating trustee; plan

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

1l plan confirmed in these cases; (ii) any chapter

11 trustee appointed in these cases

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

DBt/64184198.t

RLFI 3528964v.1

Dated:
, Delaware

" MarkD. Collins (No.

{ , d,{=

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;Yl-,",' ,-. 29g,l,J /

ffi-ft.

-- tt

1.

Daniel J. DeFranceschi $do. Z73Z) Christopher M. Samis (No. 4909) L. Katherine Good (No. 5l0l) RICI{ARDS, I-AYTON & FINGER, P.A. One llodney Square 920 North King Street Wi Inrington, Delaware I 980 I 'l'elephone : (302) 651 -77 AA Facsinrile: (302) 651-77Al Email: collins@rlf.com dcfi.a ncesc hi @r I f . com sanris@rlf.corn good(@rlf.com
and

Irglar.han 1,. Parshall (No. 3247)

,/j&

MURPHY & LANDON l0l I Centre ltoad, Suite 2l 0 Wilmington, DE 19805 Telephone (302) 472-8106 Ernail : jonp@rnsllaw.conr

Counsel to Teak, LLC (t/a Teak Motion Visuals)

Howard S. Ileltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP l0l Park Avenue New York, New yor:k l0l7g-0060 lfelephone : (21 2) 3 09-6000 Facsirnile: (ZtZ) 309-6001 Entai I : hbeltzer@ntorganlewis. com wwalker@morganIewis.com

Attorneysfor the Debtors anrJ Debtors in Pos.sessian

DtJt/64t84198.1