The closing took place shortly after Simon's motion to stay the transfer to Triple Five was denied both by the Federal District Court and the Federal Appellate Court. Simon reiterated its disagreement with the court's opinion and its order forcing the sale of Simon's partnership interest in Mall of America. The retail group has appealed the order to the Eighth Circuit Court of Appeals and says in a statement that it "will continue to vigorously pursue that process."

Nader Ghermezian, the head of Triple Five, is making plans for how his firm will realize its "original vision for the Mall of America to make it the Eighth Wonder of the World." Triple Five came up with the concept for Mall of America and he says planning is under way to expand other mixed-use components to more than double its size to more than nine million sf.

Although the judge's order replaces Simon with Triple Five as managing general partner of the mall, Simon will continue to manage Mall of America through its subsidiary management company under the terms of its existing contract. Indianapolis-based Simon, the largest mall operator in the US, has not recorded a contribution to net income and funds from operations for Mall of America since the court's decision in September 2003, and will not recognize an additional gain or loss from the forced sale.

Simon owns or has an interest in 246 retail properties in North America containing 192 million sf in 37 states plus Canada and Puerto Rico. Triple Five is a real estate development company with a focus on mixed-use developments.

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