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Published on 8/18/2008 in the Prospect News Distressed Debt Daily.

Mervyns asks for court approval to hire agent to conduct store closing sales at 26 stores

By Jennifer Lanning Drey

Portland, Ore., Aug. 18 - Mervyns LLC requested court approval to hire a joint venture between Hilco Merchant Resources, LLC and Gordon Brothers Retail Partners, LLC to conduct store closing sales at 26 underperforming stores, according to a Friday filing with the U.S. Bankruptcy Court for the District of Delaware.

The company said it has already engaged in a multi-stage bidding process prior to selecting the Hilco/Gordon Brothers joint venture as the highest bidder for the rights to hold the store closing sales.

Under the proposed agreement, Hilco/Gordon Brothers has guaranteed Mervyns will receive 117% of the cost value of the merchandise included in the sale.

The joint venture will retain any additional proceeds up to 120.5% of the total cost value of the merchandise.

Proceeds above 120.5% will be divided with 70% going to Mervyns and 30% to the agent.

Mervyns said it is critical that the store closing sales begin as soon as possible because the underperforming stores represent a drain on the company's liquidity.

The company has proposed that a hearing be held on Aug. 26.

Mervyns, a San Francisco-based department store, filed for bankruptcy on July 29. Its Chapter 11 case number is 08-11586.


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