Affidavit/Declaration of Service (Supplemental… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage,… (Dkt. 123)

Summary

A supplemental declaration of service filed October 19, 2022 as Doc 123 in In re Kabbage, Inc. d/b/a KServicing, et al., No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. Exhibit A is a service list of four shareholders served by first class mail, and in some cases by email, with addresses redacted. Exhibit B is a notice to holders of stock issued by the debtor about the interim order entered October 3, 2022 establishing procedures for transfers of Common Stock. The notice defines a Substantial Stockholder as a holder of at least 1,848,370 shares, about 4.75% of outstanding shares, sets the final hearing for November 7, 2022, and sets an objection deadline of October 31, 2022. The notice is dated October 11, 2022 and lists counsel for the Debtors.

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Case 22-10951-CTG   Doc 123   Filed 10/19/22   Page 1 of 6
Case 22-10951-CTG   Doc 123   Filed 10/19/22   Page 2 of 6

                    EXHIBIT A
                              Case 22-10951-CTG                       Doc 123               Filed 10/19/22              Page 3 of 6


                                                                            Exhibit A
                                                                             Service List


       Description                         Name                           Address                                 Email                   Method of Service
Shareholder                Alexis Ordini                      Address Redacted                 Email Address Redacted                 Email
                                                                                                                                      First Class Mail
Shareholder                Alfredo Jimenez                    Address Redacted                 Email Address Redacted                 Email
                                                                                                                                      First Class Mail
Shareholder                Zhengbo Li                         Address Redacted                 Email Address Redacted                 Email
                                                                                                                                      First Class Mail
Shareholder                Samantha Phillips                  Address Redacted                                                        First Class Mail




KABBAGE, INC. d/b/a KSERVICING, et al., (Case No. 22‐10951)
Case 22-10951-CTG   Doc 123   Filed 10/19/22   Page 4 of 6




                    EXHIBIT B
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ATTENTION DIRECT AND INDIRECT HOLDERS OF, AND PROSPECTIVE
HOLDERS OF STOCK ISSUED BY KABBAGE, INC. D/B/A KSERVICING:

Upon the motion (the “Motion”) of 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”), on October 3, 2022, the United States Bankruptcy Court for the District of
Delaware (the “Bankruptcy Court”), having jurisdiction over the chapter 11 cases of the Debtors,
captioned as In re Kabbage, Inc. d/b/a KServicing, et al., No. 22-10951 (CTG) (the “Chapter 11
Cases”), entered an interim order establishing procedures with respect to transfers in the beneficial
ownership (including directly or indirectly) of common stock of the Debtors (“Common Stock”)
and options to acquire beneficial ownership of Common Stock, and scheduling a hearing on a final
order with respect to such procedures.

In certain circumstances, the procedures restrict transactions involving, and require notices of the
holdings of and proposed transactions by, any person, group of persons, or entity that either (i) is
a Substantial Stockholder of the Common Stock or (ii) as a result of such a transaction, would
become a Substantial Stockholder of the Common Stock. For purposes of the procedures, a
“Substantial Stockholder” is any person or entity (within the meaning of applicable regulations
promulgated by the U.S. Department of the Treasury, including certain persons making a
coordinated acquisition of stock) that beneficially owns (including options to acquire and direct or
indirect ownership) at least 1,848,3701 shares of Common Stock (representing approximately
4.75% of all issued and outstanding shares of Common Stock as of the Petition Date). Any
prohibited acquisition or other transfer of Common Stock (including options to acquire
beneficial ownership of Common Stock) will be null and void ab initio and may lead to contempt,
compensatory damages, punitive damages, or sanctions being imposed by the Bankruptcy Court.

The procedures, as approved on an interim basis and as requested on a final basis, are available
on the website of Omni Agent Solutions, Inc., the Debtors’ Court-approved claims agent, located
at https://omniagentsolutions.com/kservicing, and on the docket of the Chapter 11 Cases,
Docket No. 71, which can be accessed via PACER at https://pacer.gov.

A direct or indirect holder of, or prospective holder of, Common Stock that may be or
become a Substantial Stockholder should consult the procedures.

        PLEASE TAKE NOTICE that the final hearing on the Motion shall be held on
November 7, 2022, at 1:00 p.m. (Prevailing Eastern Time), and any objections or responses to
the Motion shall be in writing, filed with the Court (with a copy delivered to Chambers), and served
upon (i) (x) Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, New York 10153 (Attn:
Natasha S. Hwangpo and Chase A. Bentley); and (ii) Richards, Layton & Finger, P.A., One
Rodney Square, 920 North King Street, Wilmington, DE 19801 (Attn: Amanda R. Steele
and Zachary I. Shapiro); (b) the Office of the United States Trustee for the District of Delaware,
844 N. King Street, Wilmington, Delaware 19801 (Attn: Richard L. Schepacarter and Rosa Sierra-
Fox); in each case so as to be received no later than 4:00 p.m. (Prevailing Eastern Time) on
October 31, 2022.


1
    As of the Petition Date, there were 38,913,048 shares of common stock outstanding.




RLF1 28074771v.1
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        PLEASE TAKE FURTHER NOTICE that the requirements set forth in the procedures
are in addition to the requirements of and applicable securities, corporate, and other laws and do
not excuse non-compliance therewith.


Dated:       Wilmington, Delaware                    BY ORDER OF THE COURT
             October 11, 2022

 RICHARDS, LAYTON & FINGER, P.A.                     WEIL, GOTSHAL & MANGES LLP
 Daniel J. DeFranceschi, Esq. (No. 2732)             Ray C. Schrock, P.C.
 Amanda R. Steele, Esq. (No. 5530)                   Candace M. Arthur, Esq.
 Zachary I. Shapiro, Esq. (No. 5103)                 Natasha S. Hwangpo, Esq.
 Matthew P. Milana, Esq. (No. 6681)                  Chase A. Bentley, Esq.
 One Rodney Square                                   767 Fifth Avenue
 920 North King Street                               New York, New York 10153
 Wilmington, Delaware 19801                          Telephone: (212) 310-8000
 Telephone: (302) 651-7700                           E-mail: ray.schrock@weil.com
 E-mail: defranceschi@rlf.com                                candace.arthur@weil.com
         steele@rlf.com                                      natasha.hwangpo@weil.com
         shapiro@rlf.com                                     chase.bentley@weil.com
         milana@rlf.com

                      Proposed Attorneys for Debtors and Debtors in Possession




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