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EXHIBIT A
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UNITED STATES BANKRUPTCY COURT FOR THE
DISTRICT OF DELAWARE
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In re
:
Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., :
Case No. 22-10951 (CTG)
:
:
(Jointly Administered)
Debtors.1
:
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Re: Docket Nos. 340, 341, 342, 343, 344 & 351
ORDER AUTHORIZING THE DEBTORS TO FILE UNDER SEAL CERTAIN
EXHIBITS TO THE DECLARATIONS IN SUPPORT OF THE MOTION TO ENFORCE
Upon the motion (the “Motion”)2 of the Debtors for an order under sections 105(a) and
107 of the Bankruptcy Code, Bankruptcy Rule 9018, and Local Rule 9018-1, authorizing the
Debtors to file under seal the Confidential Information set forth in the certain Exhibits to the
Declarations, as more fully set forth in the Motion; and the Court having reviewed the Motion; and
the Court having jurisdiction to consider the Motion and the relief requested therein in accordance
with 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United
States District Court for the District of Delaware, dated February 29, 2012; and the Court having
found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) and that this Court may enter
an order consistent with Article III of the United States Constitution; and the Court having found
that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§
1408 and 1409; and it appearing that proper and adequate notice of the Motion has been given and
that no other or further notice is necessary; and upon the record herein; and after due deliberation
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 such terms in the Motion.
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and sufficient cause appearing therefor,
IT IS HEREBY ORDERED THAT:
1.
The Motion is GRANTED.
2.
The Debtors are authorized to file the Confidential Information contained
in the Exhibits to the Declarations und seal.
3.
The Confidential Information shall remain under seal, and shall not be made
available to anyone except that the unredacted Declarations shall be provided to the Court and, on
a confidential basis, to CB and, if requested, the U.S. Trustee. The unredacted Declarations shall
not be provided to any other party except upon further order from the Court.
4.
The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry.
5.
The Debtors are authorized to take all actions necessary to effectuate the
relief granted in this Order in accordance with the Motion.
6.
This Court shall retain jurisdiction to hear and determine all matters arising
from or related to the implementation, interpretation, or enforcement of this Order.
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