Docket #4416 Date Filed: 12/30/2009

0q/v),> *7 0811586091230000000000010

EXHIBIT A

RLFI 352tM7v.l

IN THE ITNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In

re: Debtors.

) gtr ) )
) )
)

Chapter

lI
(KG)

MERVYN'S HOLDINGS, LLC,et

Case No. 08-115S6

Jointly Administered

pAyMpNT OF CLAIMS OF JOHN pAr,tl, BICH4,RD INC.

John Paul Richard Inc. ("John Paul') and the above-captioned debtors and debtors in
possession (the "Debtors') hereby stipulate as follows:

STIPULATION FOR ALLOWANCE AND

RBCITAI,S
Prior to July 9,2008, John Paul provided the Debtors with goods in the aggregate
net amount of $214,44/1.58 (the "Ungegqgdglgim,).

Within the twenty days prior to July 29,2008 (the "Eeti1ion Datg"), John paul
provided the Debtors with goods in the aggregate amount of $2,464.02 (the "Adrqinistratil,e Claim").
John Paul timely filed proofs of claim (Claim Nos. 5408, 5409,5410 and 6g30)

seeking, among other things, payment

Administrative Claim (the "Eled Claimg,).

on

account

of the Unsecured

Claim and

the

On or about IuLy 24,2009, Claim No. 5408 was reduced and allowed pursuant to the Order Granting Debtors' Second Omnibus Objection to Claims (Substantive) and Motion to
Reduce Such Claims fDocket No. 3822] of the United States Bankruptcy Cogrt for the District

of

Delaware (the "9ourt').

numbers, are Mervyn's Holdings,

The Debton in these cases, along with the last four digits of their federat tax identification LLc (3405), Mervyn's LLC (4456)and Meiryn's Brands, LLc (gg50).

RLFI 3521047v.1

On or about October 23, 2009, Debtors filed the Debtors' Eleventh Omnibus
Objection (Substantive) to Certain Overstated Claims and Motion to Reduce or Expunge Such Claims fDocket No. 4155J seeking, among other things, to expunge Claim Nos. 5409, 5410 and
6830. The Debtors and John Paul HEREBY STIPULATE AND AGREE as follows:

AGREEMEI{T

1. 2. 3.

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

This Stipulation is subject to the Court's approval and shall be of no force and

effect unless and until approved by the Court.

On account of the Filed Claims, John Paul shall be allowed (i) a

general

unsecured claim against Mervyn's

LLC in the amount of 5202,222.76 (the "Allowed Unsecured

$

Claim"), and (ii) an adminishative elpense claim against Mervyn's LLC pursuant to l l U.S.C.

503(bX9) in the amount of 52207.35 (the "Allowed Administrative Claim" and together with the

Allowed Unsecured Claim, the "A!!owed-e,!ai!q.s").

4. 5.

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

chapter I I plan ultimately confirmed in these chapter 1l cases.

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

administrator; distibution agent and/or any other responsible person appointed pursuant to any chapter I I 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 ia these cases.

DBr/641r9103.3

RLFI 35?1047v.1

cc4b4
Wilmington, Dela

7@

Christopher M. Samis (No. 4909) L. Katherine Good (No. 5l0l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 Nonh King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile; (302) 65 l -7 7 Ol

Brian T. Haney BUCHALTER NEMER A Professional Corporation 1000 Wilshire Boulevard, Suite 1500 [.os Angeles, CA 90017-2457 Telephone: (21 3) 891 -0700 Facsimile: (213) 896-0+00 Email: bharvev @ buchalter.corq
Coansel to Johtt PouI Richard, Inc-

/;r*

--

Email: collins@rlf.com defranceschi @ rlf.corn samis@rlf.com good@rlf.com

and

Howard S. Beluer Wendy S. Walker

MORGAN, LEWIS & BOCKruS LLP

101 Park Avenue

New York, New York 10178-0060 : (ZLZ) 309-6000 Facsimile: (212) 3O9 -600l Email: hbeltzer@ morganlewis.com wwal ker @ morganlewis.com
Telephone

Attorncys for the Debtors and Debtorc in Possession

DB r/64t

t9r03.3