Notice of Rejection of IP Agreements — In re KServicing

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 613 · 2023-03-06 · Docket on CourtListener

Full text

RLF1 28685990v.1 
IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE DISTRICT OF DELAWARE 
------------------------------------------------------------ x 
 
In re 
: 
Chapter 11 
 
: 
 
KABBAGE, INC. d/b/a KSERVICING, et al., : 
Case No. 22-10951 (CTG) 
 
: 
 
 
: 
 
 
 
Debtors.1 
: 
(Jointly Administered)  
------------------------------------------------------------ x 
Re: Docket Nos. 466, 467, 561 & 611 
 
NOTICE OF REJECTION OF  
CERTAIN AGREEMENTS PURSUANT TO THE PLAN 
 
PLEASE TAKE NOTICE THAT on March 6, 2023, the Debtors filed the Notice of 
Filing of Second Supplement to the Amended Joint Chapter 11 Plan of Liquidation of Kabbage, 
Inc. (d/b/a) KServicing) and Its Affiliated Debtors [Docket No. 611] (the “Second Plan 
Supplement”) with the United States Bankruptcy Court for the District of Delaware (the 
“Court”).  Attached to the Second Plan Supplement as Exhibit F thereto was a schedule (the 
“Rejection Schedule”) that contained a list of intellectual property contracts, licenses, royalties, 
or other similar agreements (each, an “IP Agreement”) that, in accordance with section 8.1 of the 
Plan, will be rejected pursuant to the Confirmation Order2 on the Effective Date. 
YOU ARE RECEIVING THIS NOTICE (THIS “REJECTION NOTICE”) 
BECAUSE YOU OR ONE OF YOUR AFFILIATES IS A COUNTERPARTY TO AN IP 
AGREEMENT IDENTIFIED ON THE REJECTION SCHEDULE AND THAT WILL BE 
REJECTED PURSUANT TO THE CONFIRMATION ORDER ON THE EFFECTIVE 
DATE.3  YOU ARE ADVISED TO CAREFULLY REVIEW THE INFORMATION 
CONTAINED IN THIS REJECTION NOTICE AND THE RELATED PROVISIONS OF 
THE PLAN, INCLUDING THE REJECTION SCHEDULE.   
PLEASE TAKE FURTHER NOTICE THAT you will receive a separate notice setting 
forth the deadline to file a Proof of Claim with respect to Claims arising from the rejection of any 
IP Agreement identified on the Rejection Schedule and in this Rejection Notice.   
 
1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification 
number, as applicable are: Kabbage, Inc. d/b/a KServicing (3937); Kabbage Canada Holdings, LLC (N/A); Kabbage 
Asset Securitization LLC (N/A); Kabbage Asset Funding 2017-A LLC (4803); Kabbage Asset Funding 2019-A 
LLC (8973); and Kabbage Diameter, LLC (N/A). Kabbage is a trademark of American Express used under license; 
Kabbage, Inc. d/b/a KServicing is not affiliated with American Express.  The Debtors’ mailing and service address 
is 925B Peachtree Street NE, Suite 383, Atlanta, GA 30309. 
2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Amended Joint Chapter 
11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 466] (as may be amended, 
further supplemented, or modified from time to time, the “Plan”). 
3  The inclusion of a contract or lease on the Rejection Schedule or in this Rejection Notice is not an admission by the 
Debtors that any contracts or leases are executory or unexpired.  
Case 22-10951-CTG    Doc 613    Filed 03/06/23    Page 1 of 3

 
 
 
 
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RLF1 28685990v.1 
PLEASE TAKE FURTHER NOTICE THAT the Debtors reserve all rights to amend, 
revise, or supplement the Rejection Schedule at any time as may be provided for by the Plan or by 
order of the Court. 
PLEASE TAKE FURHER NOTICE THAT if the Court confirms the Plan and enters 
the Confirmation Order, such order will authorize and approve the rejection of the IP Agreements 
identified on the Rejection Schedule and in this Rejection Notice effective as of the Effective Date. 
PLEASE TAKE FURTHER NOTICE THAT the hearing on confirmation of the Plan 
(the “Confirmation Hearing”) will be held before The Honorable Craig T. Goldblatt, United 
States Bankruptcy Judge for the District of Delaware, 824 North Market Street, Third Floor, 
Courtroom 7, Wilmington, Delaware 19801, on March 13, 2023 at 10:00 a.m. (prevailing 
Eastern Time).  Please be advised that the Confirmation Hearing may be continued from time to 
time without further notice other than an adjournment announced in open court or a notice of 
agenda filed with the Court. 
PLEASE TAKE FURTHER NOTICE THAT all documents filed with the Court in 
connection with the above-captioned chapter 11 cases, including the Plan, the Plan Supplement 
and the Second Plan Supplement, may be viewed free of charge by visiting the website maintained 
by the Debtors’ claims, noticing and solicitation agent, Omni Agent Solutions, Inc. (“Omni”), at 
http://www.omniagentsolutions.com/kservicing.  Copies of all such documents may also be 
obtained by contacting Omni (i) in writing at Kabbage, Inc. d/b/a KServicing, et al., c/o Omni 
Agent Solutions, Solicitation Team, 5955 De Soto Ave., Suite 100, Woodland Hills, CA 91367, 
(ii) by email at kservicinginquiries@omniagnt.com, or (iii) by telephone at 866-956-2138 (U.S. & 
Canada toll free) or 747-226-5953 (international).  You may also obtain copies of any pleadings 
filed in these chapter 11 cases for a fee via PACER at http://www.deb.uscourts.gov. 
IF YOU HAVE QUESTIONS WITH RESPECT TO YOUR RIGHTS UNDER THE PLAN 
OR ABOUT ANYTHING STATED HEREIN OR IF YOU WOULD LIKE TO OBTAIN 
ADDITIONAL INFORMATION, PLEASE CONTACT OMNI AT THE NUMBER OR 
ADDRESS SPECIFIED ABOVE.  PLEASE NOTE THAT OMNI CANNOT PROVIDE 
LEGAL ADVICE. 
 
 
Case 22-10951-CTG    Doc 613    Filed 03/06/23    Page 2 of 3

 
 
 
 
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RLF1 28685990v.1 
Dated: March 6, 2023 
Wilmington, Delaware 
 
/s/ Matthew P. Milana 
RICHARDS, LAYTON & FINGER, P.A. 
Daniel J. DeFranceschi, Esq. (No. 2732) 
Amanda R. Steele, Esq. (No. 5530) 
Zachary I. Shapiro, Esq. (No. 5103) 
Matthew P. Milana, Esq. (No. 6681) 
One Rodney Square 
920 North King Street 
Wilmington, Delaware 19801 
Telephone: (302) 651-7700 
E-mail: defranceschi@rlf.com 
             steele@rlf.com 
             shapiro@rlf.com 
             milana@rlf.com 
 
-and- 
 
WEIL, GOTSHAL & MANGES LLP 
Ray C. Schrock, Esq. (admitted pro hac vice) 
Candace M. Arthur, Esq. (admitted pro hac vice) 
Natasha S. Hwangpo, Esq. (admitted pro hac vice) 
Chase A. Bentley, Esq. (admitted pro hac vice) 
767 Fifth Avenue 
New York, New York 10153 
Telephone:  
(212) 310-8000 
E-mail:  
ray.schrock@weil.com 
 
 
candace.arthur@weil.com 
 
 
natasha.hwangpo@weil.com 
 
 
chase.bentley@weil.com 
 
Attorneys for Debtors  
and Debtors in Possession 
 
 
 
 
 
Case 22-10951-CTG    Doc 613    Filed 03/06/23    Page 3 of 3

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