DISCUSSION 1. In the Lease Motion, the Debtors seek the Court’s approval of a Lease Termination Agreement between the Debtors and 666 Fifth Retail Associates, LLC (the “Landlord”). Under the Lease Termination Agreement, the Debtors would sell to the Landlord their rights in a long-term lease agreement for nonresidential real property rented by Debtor HMX Luxury, Inc., at 666 Fifth Avenue, New York, New York. The existing lease agreement is guaranteed by HMX Luxury’s parent and co-debtor, Hartmarx Corporation. Under the proposed Termination Agreement, the Debtors would terminate their interest in the lease in exchange for (among other things) a payment of $11,800,000, the release of a $2.06 million letter of credit, and up to 60 days’ free rent.
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