Case Information
*1 Case 24-11967-JKS Doc 2775 Filed 05/21/25 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11
BIG LOTS, INC. et al. , [1] Case No. 24-11967 (JKS)
Debtors. (Jointly Administered) Re: D.I. 2647
ORDER (I) APPROVING THE DEBTORS’ ASSUMPTION OF THE LITIGATION-RELATED AGREEMENTS AND (II) GRANTING RELATED RELIEF
Upon the motion (the “ Motion ”) [2] of the above-captioned debtors and debtors in possession (collectively, the “ Debtors ”) for entry of an order (this “ Order ”) (i) approving the Debtors’ assumption of the Litigation-Related Agreements and (ii) granting related relief, each as more fully set forth in the Motion; and this Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) and that this Court may enter a final order consistent with Article III of the United States Constitution; and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the relief requested in the Motion is in the best interests of the Debtors’ estates, their creditors, and other parties in interest; and this Court having found that the Debtors’ *2 Case 24-11967-JKS Doc 2775 Filed 05/21/25 Page 2 of 2 notice of the Motion and opportunity for a hearing on the Motion were appropriate and no other notice need be provided; and this Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing, if any, before this Court (the “ Hearing ”); and this Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT :
1. The Motion is granted as set forth herein.
2. Pursuant to section 365(a) of the Bankruptcy Code, the Debtors’ assumption of the Litigation-Related Agreements (which includes for the avoidance of doubt, all exhibits, attachments, and other documents incorporated therein) is approved effective as of the entry of this Order.
3. There is no cure amount due and owing with respect to the Litigation-Related Agreements.
4. Nothing herein modifies the GBRP APA, including the allocation of proceeds of the Specified Litigation between the Debtors and GBRP.
5. Notwithstanding the provisions of Bankruptcy Rule 6004(h) (to the extent that such rule would otherwise be applicable to the relief sought in the Motion or granted pursuant to this Order), this Order is final, is not subject to any stay whatsoever, and shall be immediately effective and enforceable upon its entry.
6. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. J. KATE STICKLES
Dated: May 21st, 2025 UNITED STATES BANKRUPTCY JUDGE Wilmington, Delaware
2
[1] The debtors and debtors in possession in these Chapter 11 Cases, along with the last four digits of their respective employer identification numbers, are as follows: Great Basin, LLC (6158); Big Lots, Inc. (9097); Big Lots Management, LLC (7948); Consolidated Property Holdings, LLC (0984); Broyhill LLC (7868); Big Lots Stores - PNS, LLC (5262); Big Lots Stores, LLC (6811); BLBO Tenant, LLC (0552); Big Lots Stores - CSR, LLC (6182); CSC Distribution LLC (8785); Closeout Distribution, LLC (0309); Durant DC, LLC (2033); AVDC, LLC (3400); GAFDC LLC (8673); PAFDC LLC (2377); WAFDC, LLC (6163); INFDC, LLC (2820); Big Lots eCommerce LLC (9612); and Big Lots F&S, LLC (3277). The address of the debtors’ corporate headquarters is 4900 E. Dublin- Granville Road, Columbus, OH 43081.
[2] Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.