Docket #4392 Date Filed: 12/21/2009

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:
MER\TYN'S HOLDINGS, LLC,.9! &,2
Debtors.

)
)

Chapter l1
Case No. 08-11586

)
)
)

(KG)

)
)

Jointly Administered
Re: Docket No.4298

AGREED ORDER APPBPVING MOTION FOR ALIJOWANCE.AND PAYMEryT OF Upon Daystone International Corporation's Motion
Expense Claim Pursuant

for

Allowance of Administrative

to I I

U.S.C.

f I 503(b)(1) and 507(a)(2) lDocket No. 42981, filed

November 24,2009 (the "Motiq{") filed by Daystone International Corporation ("Daystone") seeking allowance and payment
$$ 503(bX1)

of an administrative expense claim

pursuant

to 1l

U.S.C.

and 507(a)Q); and

it

appearing that this Court has jurisdiction over this maner

pursuant to 28 U.S.C. S$ 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. $ 157(bXZ); and it appearing that venue of this proceeding and the Motion

is proper in this District pursuant to 28 U.S.C. $$ 1403 and 1409; and the above-captioned
debtors and debtors in possession having agreed to the entry of this Order; and due, adequate and

sufficient notice of the Motion having been given; and it appearing that no other notice need be given; and a{ter due deliberation and sufficient cause appearing therefore, it is hereby ORDERED, that the Motion is granted, as modified by this Order; and it is further

ORDERED, that Daystone shall be allowed an administrative expense claim against Mervyn's LLC pursuant to l1 U.S.C. $$ 503OXl) and 507(a)(2) in the amounr of $gg,267.20 on
2

The Debtors in_$.9s1 c.ases, along with the last four digits of their federal tax identification numbers, Mervyr's Holdings, LLc (3405), Mervyn's Lt-c 1l+sal and Merfin's Brands, LLc (ss50).

are

RLFl 3518712v.1

0q/v),5 $i 0811586091221000000000004

account

of

Daystone's timely-filed proof

of

claim (Claim No. 6681) (the "Allowed

Adminishative Expense Claim"), which Allowed Administrative Expense Claim shall not be
subject to further reduction, offset, setoff, reclassification or disallowance pursuant to 11 U.S.C.
$ 502(d) or otherwise; and

it is further

ORDERED, that payment of the Allowed Administrative Expense Claim shall be made

in accordance with the terms of any chapter

cases; and

plan ultimately confirmed in these chapter

11

it is firther

ORDERED, that this Order shall be binding upon

(i) any liquidating trustee;

plan

administrator; distribution agent and/or any other responsible penon appointed pursuant to any chapter 11 plan confirmed in these cases; (ii) any chapter
and/or

1l trustee
and

appointed in these cases

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

it is further

ORDERED, that this Court retains jurisdiction with respect to all matters arising from or
related to the implementation of this Order.

Azoog
ilmington, Delaware

LTNITED STATES B

RL,FI 3518712v.1