Court filing
Notice — Revised Loan Transfer Agreement Exhibit — In re KServicing
Summary
A Notice of Filing of Revised Exhibit to Loan Transfer Agreement, filed April 5, 2023 as Doc 754 in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. The notice recites that on March 23, 2023 the Debtors moved for an order approving a Loan Transfer Agreement between KServicing, Lendistry SBLC, LLC, and the Federal Reserve Bank of San Francisco. It states that the original schedule of Transferred Loans attached to that agreement has been modified to add the loans identified on Exhibit 1, and that the revised schedule, attached as Exhibit 2, amends and supersedes the original. It states that the hearing on the motion is set for April 13, 2023 at 10:00 a.m. before the Honorable Craig T. Goldblatt.
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No. 22-10951 · Doc. 754 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 754 Filed 04/05/23 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
------------------------------------------------------------ x
: Chapter 11
In re :
: Case No. 22-10951 (CTG)
KABBAGE, INC. d/b/a KSERVICING, et al., :
: (Jointly Administered)
1
Debtors. :
:
: Re: Docket No. 721
------------------------------------------------------------ x
NOTICE OF FILING OF REVISED EXHIBIT TO LOAN TRANSFER AGREEMENT
PLEASE TAKE NOTICE THAT on March 23, 2023, Kabbage, Inc. d/b/a
KServicing and its debtor affiliates, as debtors and debtors in possession in the above-captioned
chapter 11 cases (collectively, the “Debtors”), filed the Debtors’ Motion for Entry of an Order (I)
Authorizing and Approving the Loan Transfer Agreement Between KServicing, Lendistry SBLC,
LLC, and the Federal Reserve Bank of San Francisco; (II) Authorizing Debtors to Take All Actions
to Facilitate Transfer of Certain Servicing Rights and Obligations; and (III) Granting Related
Relief [Docket No. 721] (the “Motion”)2 with the United States Bankruptcy Court for the District
of Delaware (the “Court”). A proposed form of order granting the relief requested in the Motion
was attached to the Motion as Exhibit A thereto (the “Proposed Order”). Attached to the
Proposed Order as Exhibit 1 thereto was the Loan Transfer Agreement. Attached to the Loan
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 that are used herein and not otherwise defined shall have the meanings given to them in the Motion.
RLF1 28808016v.1
Case 22-10951-CTG Doc 754 Filed 04/05/23 Page 2 of 3
Transfer Agreement as Exhibit A thereto was the schedule of Transferred Loans (the “Original
Schedule”).
PLEASE TAKE FURTHER NOTICE THAT the Motion and the Loan Transfer
Agreement contemplate that the Original Schedule may be amended in accordance with the terms
of the Loan Transfer Agreement prior to the Closing Date (as defined in the Loan Transfer
Agreement).
PLEASE TAKE FURTHER NOTICE THAT the Original Schedule has been
modified to include the additional Transferred Loans identified on Exhibit 1 hereto (the
“Additional Transferred Loans”). The Original Schedule, as modified to include the Additional
Transferred Loans, is attached hereto as Exhibit 2 (the “Revised Schedule”). The Revised
Schedule amends and supersedes the Original Schedule and, by the filing of this notice, is
incorporated into the Motion and the Loan Transfer Agreement as if set forth therein in full.
PLEASE TAKE FURTHER NOTICE THAT the hearing with respect to the
Motion is currently scheduled for April 13, 2023 at 10:00 a.m. (prevailing Eastern Time) before
The Honorable Craig T. Goldblatt, United States Bankruptcy Judge, in the United States
Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor, Courtroom 7,
Wilmington, Delaware 19801.
PLEASE TAKE FURTHER NOTICE THAT the Debtors reserve the right to
amend, modify, or supplement the Revised Schedule. To the extent that the Debtors make further
revisions to the Revised Schedule, the Debtors will file a further revised schedule with the Court.
[Remainder of page intentionally left blank]
2
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Case 22-10951-CTG Doc 754 Filed 04/05/23 Page 3 of 3
Dated: April 5, 2023
Wilmington, Delaware
/s/ Huiqi Liu
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)
Huiqi Liu, Esq. (No. 6850)
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
liu@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
3
RLF1 28808016v.1
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