Exhibit A: Order Approving Debtors' Retention Program for Certain Non-Executive Employees — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 308-1 (Filed 11/30/22)

Date: 2022-11-30

Summary

Doc 308-1, filed November 30, 2022 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit A, a form of order approving the debtors' retention program for certain non-executive employees and granting related relief. Relating to Docket No. 253, it recites the debtors' motion and jurisdiction under 28 U.S.C. §§ 157(a)–(b) and 1334(b). It would grant the motion, approve the Non-Executive KERP including the Discretionary Pool, and authorize the debtors to implement it and make payments due under its terms. It would find notice adequate under Bankruptcy Rule 6004(a), make the order effective immediately upon entry notwithstanding Bankruptcy Rule 6004(h), and retain the court's jurisdiction. The document is 4 pages and carries no signature or entry date.

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“Exhibit A: Order Approving Debtors' Retention Program for Certain Non-Executive Employees — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 308-1 (Filed 11/30/22).” Original at archive.org, dated 2022-11-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-11-30-kservicing-bankruptcy/, SHA-256 d4b75db1437c8e654a26634a62b64ba4b7412eb90c89c4e7cf689b92e89c765d.

Full text

Case 22-10951-CTG Doc 308-1 Filed 11/30/22 Page 1 of 4

EXHIBIT A

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UNITED STATES BANKRUPTCY COURT
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)
: Re: Docket No. 253
------------------------------------------------------------ x

ORDER (I) APPROVING DEBTORS’ RETENTION PROGRAM FOR
CERTAIN NON-EXECUTIVE EMPLOYEES AND (II) GRANTING RELATED RELIEF

Upon the motion (the “Motion”) 2 of Kabbage Inc. d/b/a KServicing and its debtor

affiliates, as debtors and debtors in possession in the Chapter 11 Cases (collectively,

the “Debtors”), for entry of an order (i) approving the Debtors’ retention program for certain key

employees and (ii) granting related relief, all as more fully set forth in the Motion; and the Court

having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C.

§§ 157(a)–(b) and 1334(b), and the Amended Standing Order of Reference from the United States

District Court for the District of Delaware, dated February 29, 2012; and consideration of the

Motion and the requested relief being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue

being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice

of the Motion having been provided to the Notice Parties, and such notice having been adequate

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 defined herein shall have the respective meanings ascribed to such terms in the
Motion.

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and appropriate under the circumstances; and it appearing that no other or further notice need be

provided; and this Court having held a hearing to consider the relief requested in the Motion, if

necessary; and this Court having determined that the legal and factual bases set forth in the Motion

establish just cause for the relief granted herein; and it appearing that the relief requested in the

Motion is in the best interests of the Debtors, their estates, creditors, and all parties in interest; and

upon all of the proceedings had before the Court and after due deliberation and sufficient cause

appearing therefor,

IT IS HEREBY ORDERED THAT

1. The Motion is granted to the extent set forth herein.

2. The Debtors’ Non-Executive KERP, including the Discretionary Pool, as

set forth in the Motion is hereby approved.

3. The Debtors are authorized, but not directed, to take all actions necessary

to implement the Non-Executive KERP on the terms and conditions set forth in the Motion,

including making any payments that become due pursuant to the terms of the Non-Executive

KERP.

4. Notice of the Motion is adequate under Bankruptcy Rule 6004(a).

5. Notwithstanding Bankruptcy Rule 6004(h), this Order shall be immediately

effective and enforceable upon its entry.

6. The Debtors are authorized to take all action necessary to effectuate the

relief granted in this Order.

2
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7. The Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation, interpretation, or enforcement of this Order.

3
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