Opinion
Case No. 399-02649, Jointly Administered
February 4, 2003
Paul G. Jennings, Beth A. Dunning, BASS, BERRY SIMS PLC, Nashville, TN, John Wm. Butler, Jr., George N. Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, Attorneys for Debtors and Debtors-in-Possession
Sam J. McAllester III, Bone McAllester Norton PLLC, Nashville, TN, Jack E. Hilton, Esq., Carmody MacDonald P.C., St. Louis, Missouri, Attorneys for Watson Plaza Associates
Samuel K. Crocker, Nashville, Tennessee, Matthew J. Botica, Daniel J. McGuire, WINSTON STRAWN, Chicago, IL, Attorneys for KLA/SM, LLC
AGREED ORDER RESOLVING OBJECTION OF WATSON PLAZA ASSOCIATES TO DEBTOR'S NOTICE OF PROPOSED CONVEYANCE
This matter having come before the Court on the Objections of Watson Plaza Associates, as owner of Watson Plaza Shopping Center, St. Louis County, Missouri (the "Objection") (Docket No. 7961) to the December 4, 2002 Real Estate Notice proposing to transfer the property known as the Debtors' Store Number 246 in the Watson Plaza Shopping Center, St. Louis County, Missouri (the "Property") to SM Newco St. Louis, LLC (the "Designee") sent pursuant to this Court's March 16, 2002 Order Pursuant to 11 U.S.C. § 363 and Bankruptcy Rule 6004(A) Authorizing and Approving the Sale of Designation Rights with Respect to Substantially All of the Debtors' Real Estate Assets; and (B) Granting Related Relief (the "Order"); and all the parties having agreed, as signified by the signatures of counsel below, to a resolution of the issues raised in the Objection; and the Court being satisfied that the relief herein is appropriate under the circumstances; and the court being otherwise sufficiently advised,
All initially capitalized terms used but not defined herein shall have the meanings ascribed to such terms.
IT IS HEREBY ORDERED THAT:
1. The Objection is hereby withdrawn.
2. The Designation Rights Purchaser will pay Watson Plaza Associates $12,307.35 in satisfaction of its claim against Debtor for parking lot repairs as set forth in the Objection (as amended) within three days of the entry of this Order.
3. This Court shall retain jurisdiction over any dispute concerning the transfer of the Property or any other claims of Watson Plaza Associates that are recognizable in this Court.