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Notice of Final Order

Date
2022-11-02

Summary

Exhibit 5, a form Notice of Final Order filed November 2, 2022 as Doc 193-5 in Case 22-10951-CTG, the Chapter 11 cases of Kabbage, Inc. d/b/a KServicing and its debtor affiliates in the U.S. Bankruptcy Court for the District of Delaware. The notice is addressed to direct and indirect holders and prospective holders of stock issued by Kabbage, Inc. d/b/a KServicing, and describes a final order establishing procedures for transfers in beneficial ownership of the debtors' common stock. It defines a Substantial Stockholder as one owning at least 1,848,370 shares, approximately 4.75% of the shares outstanding as of the Petition Date, and states that prohibited transfers will be null and void ab initio. The form leaves the order date and docket number blank and notes that 38,913,048 shares were outstanding as of the Petition Date.

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Full text

               Case 22-10951-CTG    Doc 193-5    Filed 11/02/22   Page 1 of 2




                                         Exhibit 5

                                   Notice of Final Order




RLF1 28023334v.1
                 Case 22-10951-CTG             Doc 193-5        Filed 11/02/22           Page 2 of 2




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 ____, 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. ____ (__) (the “Chapter 11 Cases”), entered
a final order establishing procedures (the “Procedures”) with respect to transfers in the beneficial
ownership (including directly and indirectly) of common stock of the Debtors (“Common Stock”)
and options to acquire beneficial ownership of Common Stock.

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 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. _____, which can be accessed via PACER at
https://www.pacer.gov.

The requirements set forth in the Procedures are in addition to the requirements of applicable
securities, corporate, and other laws and do not excuse noncompliance therewith.

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

Dated:         Wilmington, Delaware                            BY ORDER OF THE COURT
               _____________, 2022




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




RLF1 28023334v.1

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gov.uscourts.deb.188293.193.5.pdf
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182,167 bytes
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b7d413384b1e8748ce1f8565a76b5e0aa7190540b3df9306da824ad190e7106a
Our copy
gov.uscourts.deb.188293.193.5.pdf
Original
archive.org
  1. Schedule 2-A, Greenberg Traurig Supplemental Disclosures — In re KServicing (Dkt. 177-1)same docket · 2022-11-01
  2. PLEASE TAKE NOTICE that, pursuant to that certain Final Ordersame docket · 2022-11-02
  3. PLEASE TAKE NOTICE that, pursuant to that certain Final Ordersame docket · 2022-11-02
  4. OCP Declarationsame docket · 2022-11-02
  5. PLEASE TAKE NOTICE that, pursuant to that certain Final Ordersame docket · 2022-11-02
  6. Second Interim Order — Cash Management System — In re KServicingsame docket · 2022-11-02
  7. Order — Retain Jones Day as Special Counsel to Debtors — In re KServicing (Bankr. D. Del.)same docket · 2022-11-02
  8. Order — Retain Greenberg Traurig as Special Counsel to Board — In re KServicingsame docket · 2022-11-02
  9. Order — Employ Ordinary Course Professionals — In re KServicingsame docket · 2022-11-02
  10. Final Order — NOL Stock Transfer Restrictions — In re KServicingsame docket · 2022-11-02
  11. Final Order — Prepetition Employee Wages & Benefits — In re KServicing (Bankr. D. Del.)same docket · 2022-11-02
  12. Periodic Report — Controlled Non-Debtor Entities (Form 426) — In re KServicingsame docket · 2022-11-03
  13. Objection — Cross River Bank Opposes Customers Bank Settlement — In re KServicingsame docket · 2022-11-04
  14. Debtors' Reply in Support of Customers Bank Settlement — In re KServicingsame docket · 2022-11-06
  15. Declaration of Laquisha Milner in Support of Customers Bank Settlement — In re KServicing (Bankr. D. Del.)same docket · 2022-11-06
  16. Order Authorizing Use of Cash Collateral and Granting Adequate Protection — In re KServicingsame docket · 2022-11-07
  17. Exhibit - Kservicing Bankruptcy (2022-11-07)same docket · 2022-11-07
  18. In re Kabbage, Inc. d/b/a KServicing — Notice of Motion to Approve Customers Bank Settlementsame docket · 2022-11-07
  19. November 7, 2022 Hearing Transcript — Judge Goldblatt Approves Customers Bank Settlement — In re KServicing Wind Down Corp., et al. (Bankr. D. Del.)same docket · 2022-11-08
  20. Certification of Counsel — Revised Order Approving KServicing and Customers Bank Settlement — In re KServicing Wind Down Corp., et al. (Bankr. D. Del.)same docket · 2022-11-09

Part of: In re KServicing Wind Down Corp., et al. — U.S. Bankruptcy Court, D. Del. · In re KServicing Wind Down Corp., et al. · Paycheck Protection Program (PPP) · Orders and opinions · Federal court dockets (PACER) · 2022 · Source documents

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