Opinion
Case No. 399-02649, Jointly Administered
February 26, 2004
Paul G. Jennings, Phillip G. Young, BASS, BERRY SIMS PLC, Nashville, TN,
John Wm. Butler, Jr. George N. Panagakis SKADDEN, ARTS, SLATE, MEAGHER FLOM (ILLINOIS), Drive Chicago, IL, for Reorganized Debtors;
John H. Rowland, Baker, Donelson, Bearman Caldwell, Nashville, TN, for Verdae Marketfair Associates, L.P.,
AGREED ORDER REGARDING CLAIM NO.'S 3728 AND 5034 FILED BY VERDAE MARKETFAIR ASSOCIATES. L.P.
Upon the agreement of Service Merchandise Company, Inc. and 31 of its affiliates (collectively, the "Reorganized Debtors"), and Verdae Marketfair Associates, L.P. (the "Claimant"); and the Reorganized Debtors and the Claimant having agreed, as signified by the signatures of counsel below, to the treatment of Claim No.'s 3728 ("Claim 3728") and 5034 ("Claim 5034") filed by the Claimant on the terms set forth in this Agreed Order; and the Court being otherwise sufficiently advised, it is hereby
ORDERED, ADJUDGED AND DECREED:
1. Claim 3728 shall be and hereby is DISALLOWED.
2. Claim 5034 shall be and hereby is ALLOWED as an allowed general prepetition non-priority unsecured claim in the amount of $400,000.00 (the "Allowed Amount") against Service Merchandise Company, Inc. in Case No, 399-02649.
3. Claim 5034 shall be and hereby is DISALLOWED to the extent it exceeds the Allowed Amount.