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IN TIIE IJNTTED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
MERVYN'S HOLDINGS, LLC,
Debtors.
et gL,,r
)
)
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Chapter 1l
Case No.08-11586(KG)
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Jointly Administered
Re: Docket
No.342Z
ORDE& PURSUANT TO SECTIONS 105, 363 AND 365 Or TIrE BANKRUPTCY CODE AND BANKRUPTCY RULES 2002,60O4 AND 6006, APPROVING TH,E,BqJECTION OF TIIE UNEXPTREp CrSCO EOUTPMENT LEASE
Pursuant to the Order Pursuant to Sections 105, 363 and 365 of
title
of the United
States Code and Rules 2002, 6004 and 6006 of the Federal Rules of Banlruptcy Procedure (the
Assignment of the Debtors' Executory Contracts and Unexpired Leases (the "Prgggdgres-Order")
[Docket No, 544]; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. $$
157 and 1334; and this is a core proceeding pursuant to 28 U.S.C.
having properly filed and served a Rejection Notice (as defined in the Procedures Order) in
accordance with the terms of the Procedures Order
Master Agreement to Lease Equipment by and between Mervyn's LLC (as Lessee) and Cisco
Systems Capital Corporation (as Lessor) (the "Cisco Lease"); and no timely objections have
been filed to the rejection of the Cisco Lease; and due and proper notice of the Procedures Order
it
appearing that
be
provided; and after due deliberation and suffrcient cause appearing therefor,
I The Debtors these in cases, along with the tast four digits of their federal tax identification numbers, are Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).
RLFI-340t737-2
0q/v*&( ! 0811586100608000000000001
l. 2.
The rejection of Cisco Lease is hereby approved. The rejection of the Cisco Lease shall be effective on the date that is nine (9) days
from the date the applicable Rejection Notice was served on the affected counterparty or
landlord, or June 12,2009.
3.
Any claims against the Debtors arising from the rejection of the Cisco Lease
herein must be filed in accordance with the procedures for filing of proofs of claim as set forth in
the Procedures Order.
4.
The Debtors effectively abandoned the personal property subject to the Cisco
Lease that was not retrieved by Cisco Systems Capital Corporation pursuant to various rejection
5. 6. 7.
nur"a,4*
Neither the Rejection Notice nor this Order shall constitute an admission that the
Cisco Lease is a true lease as opposed to a disguised financing arrangement. The Debtors are authorized to take any action necessary to implement the terms
of
this Order and the rejection without further order from this Court.
This Court shall retain exclusive jwisdiction to resolve any dispute arising from
Wilmington, Delaware
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,zoos
THE H
TES BANKRUPTCY ruDGE
RLFI-340t737-2