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IN RE DEFENDER DRUG STORES, INC.

BAP Nos. AZ-91-1253-PVAs, AZ-91-1271-PVAs, Bankruptcy Nos. 90-4885, 90-4886 and 90-4887, Adv. No. 91-128-PHX-RGM.

145 B.R. 312 (1992)

In re DEFENDER DRUG STORES, INC., an Arizona corporation, SupeRX of Arizona, Alabama & Georgia Corp., a Delaware corporation, Medicare-Glaser Corp., a Missouri corporation, Debtors. RESOLUTION TRUST CORPORATION Receiver for Lincoln Savings and Loan Association, F.A., Appellant, v. OFFICIAL UNSECURED CREDITORS COMMITTEE, Landmark Commercial Corporation, Defender Drug Stores, Inc., SupeRX of Arizona, Alabama & Georgia Corporation, Medicare-Glaser Corp., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 2, 1992.

Attorney(s) appearing for the Case

Edward P. Ballinger Jr., Phoenix, Ariz., for Resolution Trust Corp.

Bret Maidman, Phoenix, Ariz., for Unsecured Creditors' Committee.

Carl J. Spector, St. Louis, Mo., for Landmark Commercial Corp.

Before: PERRIS, VOLINN, and ASHLAND.

OPINION

PERRIS, Bankruptcy Judge:

As a condition for extending the maturity date of postpetition financing, the debtor agreed to pay Landmark Commercial Corporation a 10% contingent enhancement fee over and above the amount of its indebtedness to Landmark. The bankruptcy court approved the agreement but reserved the rights of certain parties to challenge the validity of the enhancement fee. We AFFIRM the bankruptcy court's order denying the Resolution Trust...

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