In re Kmart Corporation

SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the lease rejection claim (the "Lease Rejection Claim") filed by Home Depot U.S.A., Inc. ("HD"), sublessee under the Lease of the property described as Store No. 5925 located in El Centro, CA, and Kmart Corporation ("Kmart") having filed an objection to the Lease Rejection Claim; and the Court being advised that sublessee and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that HD shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $3,500,000 (the "Allowed Claim") which shall be satisfied in accordance with the terms of Kmart's confirmed plan of reorganization; and it is further

ORDERED that the first distribution to be made on account of the Allowed Claim shall be made at the next Distribution Date, July 1, 2004, pursuant to the terms of Kmart's plan of reorganization to:

Entity Name: Home Depot U.S.A., Inc. Company Tax ID #: 58-1853319 Company Contact person: Ann K. Jerhoff Company Address: 3800 West Chapman Ave., Orange, CA 92868

and it is further

ORDERED that upon entry of this Order, Sublessee's claims against or arising out of Store 5925 shall be expunged in their entirety except for the Allowed Claim; and it is further

ORDERED that HD and its successors, assigns or designees, are forever barred from asserting, collecting, or seeking to collect any other claims or amounts with respect to the Lease relating to Kmart Store No. 5925 except for the Allowed Claim.