Kabbage - COC re Further Revised DS Order
- Date
- 2023-01-19
Summary
Exhibit 2-B, the form of General Unsecured Claims Ballot, filed January 19, 2023 as Doc 470-3 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. The Class 4 ballot lets holders of general unsecured claims vote to accept or reject the Amended Joint Chapter 11 Plan of Liquidation and to consent to or opt out of the Third Party Releases in Section 10.6 of the Plan. It sets a voting deadline of February 21, 2023 at 5:00 p.m. prevailing Eastern time and a Voting Record Date of January 19, 2023. The form states that allowed Class 4 claims receive a pro rata share of the GUC Pool Class B Interests, and it reprints the release text, certifications and voting instructions for submission to Omni Agent Solutions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 1 of 13
EXHIBIT 2-B
General Unsecured Claims Ballot
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 2 of 13
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)
:
------------------------------------------------------------ x
BALLOT FOR ACCEPTING OR REJECTING
JOINT CHAPTER 11 PLAN OF LIQUIDATION OF
KABBAGE, INC. (D/B/A KSERVICING) AND ITS DEBTOR AFFILIATES
CLASS 4
PLEASE READ AND FOLLOW THE ENCLOSED INSTRUCTIONS FOR
COMPLETING BALLOTS CAREFULLY BEFORE COMPLETING THIS BALLOT
THIS BALLOT MUST BE ACTUALLY RECEIVED BY FEBRUARY 21, 2023 BY
5:00 P.M. (PREVAILING EASTERN TIME) (THE “VOTING DEADLINE”)
The above-captioned debtors and debtors in possession (collectively, the “Debtors”) have
sent this Ballot to you because our records indicate that you are a holder of a Claim in Class 4
(General Unsecured Claims) and, accordingly, you have a right to vote to accept or reject the
Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its
Affiliated Debtors [Docket No. 466] (as may be amended, modified, or supplemented, the
“Plan”).2
Your rights are described in the Debtors’ Amended Disclosure Statement for the Amended
Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated
Debtors, and all exhibits related thereto [Docket No. 467] (as may be amended, modified, or
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 set forth in the Plan, Disclosure
Statement (as defined herein), or the Order (I) Approving the Disclosure Statement of the Debtors, (II) Establishing
Solicitation, Voting, and Related Procedures, (III) Scheduling Confirmation Hearing, (IV) Establishing Notice and
Objection Procedures for Confirmation of Plan, (V) Approving Special Electronic Noticing Procedures,
(VI) Approving Debtors’ Proposed Cure Procedures for Unexpired Leases and Executory Contracts, and
(VII) Granting Related Relief [Docket No. [•]] (the “Disclosure Statement Order”), as applicable, or as the context
otherwise requires.
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 3 of 13
supplemented, the (“Disclosure Statement”) and the Disclosure Statement Order. The Disclosure
Statement, the Plan, the Disclosure Statement Order, and the Confirmation Hearing Notice are
included in the Solicitation Package you are receiving with this Ballot. If you need to obtain
additional solicitation materials, you may contact Omni Agent Solutions (“Omni”), the voting
agent retained by the Debtors in these Chapter 11 Cases, by (i) visiting Omni’s website for these
Chapter 11 Cases at www.omniagentsolutions.com/kservicing, (ii) writing to Omni at Kabbage,
Inc. d/b/a KServicing, 5955 De Soto Ave., Suite 100, Woodland Hills, CA 91367, (iii) e-mail at
the following address kservicinginquiries@omniagnt.com, or (iv) telephone at 866-956-2138
(U.S. & Canada toll free) or 747-226-5953 (international). You may also obtain copies of any
pleadings filed in these Chapter 11 Cases for a fee via PACER at: www.pacer.psc.uscourts.gov.
The Court has approved the Disclosure Statement as containing adequate information, as
required under section 1125 of the Bankruptcy Code. Court approval of the Disclosure Statement
does not indicate approval of the Plan by the Court. This Ballot may not be used for any purpose
other than to vote to accept or reject the Plan. If you believe you have received this Ballot in error,
please contact Omni at the address, telephone number, or e-mail address set forth above.
You should review the Disclosure Statement and the Plan carefully before you vote. You
may wish to seek legal advice concerning the Plan and the Plan’s classification and treatment of
your Claim. Your Claim has been placed in Class 4 under the Plan. If you hold Claims or Interests
in more than one Class, you will receive a Ballot for each Class in which you are entitled to vote.
If Omni does not receive your Ballot on or before the Voting Deadline, which is February
21, 2023, at 5:00 p.m. (Prevailing Eastern Time), and if the Voting Deadline is not extended,
your vote will not count. If the Court confirms the Plan, it will bind you regardless of whether
you vote. You may submit your Ballot through Omni’s online electronic balloting portal (the “E-
Balloting Portal”) or by returning this paper Ballot.
2
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 4 of 13
If Submitting Your Vote through the E-Balloting Portal
Omni will accept Ballots if properly completed through the E-Balloting Portal. To submit
your Ballot via the E-Balloting Portal, visit the following website:
www.omniagentsolutions.com/kservicing, click on the “E-Ballot” section of the Debtors’
website, and follow the instructions to submit your Ballot.
IMPORTANT NOTE: You will need the following information to retrieve and submit your
customized electronic Ballot:
Unique E-Ballot ID#:__________________________________________________
Omni’s E-Balloting Portal is the sole manner in which Ballots will be accepted via
electronic or online transmission. Ballots submitted by facsimile, email, or other means of
electronic transmission will not be counted.
Each E-Ballot ID# is to be used solely for voting only those Claims or Interests identified
and described in your electronic Ballot. Please complete and submit an electronic Ballot
for each E-Ballot ID# you receive, as applicable. Claimants who cast a Ballot using the E-
Balloting Portal should NOT also submit a paper Ballot.
If your Ballot is not received by Omni on or before the Voting Deadline, and such Voting
Deadline is not extended by the Debtors as noted above, your vote will not be counted.
If Submitting Your Vote by Overnight Courier, Hand Delivery, or First Class Mail:
Kabbage, Inc. d/b/a KServicing, et al.
c/o Omni Agent Solutions
5955 De Soto Ave., Suite 100,
Woodland Hills, CA 91367
Item 1. Treatment of Your Class 4 General Unsecured Claim.
Subject to the terms and conditions of the Plan, you will receive the following treatment on account
of your Class 4 General Unsecured Claim if it is Allowed and the Plan is consummated, and except
to the extent that a holder of an Allowed General Unsecured Claim against the Debtors agrees to
a less favorable treatment of such Claim, each holder of an Allowed General Unsecured Claim in
full and final satisfaction of Allowed General Unsecured Claims, will receive the following:
(i) Allowed General Unsecured Claims will receive its pro rata share
of the GUC Pool Class B Interests.
3
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 5 of 13
For additional discussion of your treatment and rights under the Plan, please read the
Disclosure Statement and the Plan.
Item 2. Amount of Claim.
The undersigned hereby certifies that as of the Voting Record Date, January 19, 2023 the
undersigned holder was the holder of a Class 4 General Unsecured Claim in the following principal
amount(s) (insert amount in box below) for voting:
Amount of Claim: $___________________
Debtor: ___________________
Item 3. Vote on Plan and Consent to Third Party Release.
In this item of the Ballot, you will be given the choice to vote to accept, reject or abstain from
voting on the Plan and consent (or not consent) to the third party releases in Section 10.6 of
the Plan (the “Third Party Releases”). The complete text of the Third Party Release is set
forth later in this Ballot.
You have the following five options regarding voting on the Plan and/or consenting to the
Third Party Release: (i) vote to accept the Plan and consent to the Third Party Release, (ii)
vote to accept the Plan and opt out of the Third Party Release, (iii) vote to reject the Plan
and consent to the Third Party Release, (iv) vote to reject the Plan and opt out of the Third
Party Release, and (v) abstain from voting on the Plan and opt out of the Third Party Release.
Please check ONE box below.
□ ACCEPT THE PLAN AND CONSENT TO THE THIRD PARTY RELEASE
□ ACCEPT THE PLAN AND OPT OUT OF THE THIRD PARTY RELEASE
□ REJECT THE PLAN AND CONSENT TO THE THIRD PARTY RELEASE
□ REJECT THE PLAN AND OPT OUT OF THE THIRD PARTY RELEASE
□ ABSTAIN FROM VOTING THE PLAN AND OPT OUT OF THE THIRD PARTY
RELEASE
Any Ballot that is executed by the holder of a Claim, but that checks more than one box
above or does not indicate either an acceptance or rejection of the Plan, will not be counted.
If no holders of Class 4 General Unsecured Claims eligible to vote to accept or reject the
Plan, then the Plan will be deemed accepted by Class 4 General Unsecured Claims.
4
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 6 of 13
Section 10.6 of the Plan provides for the following releases:
As of the Effective Date, except (a) for the right to enforce the Plan or (b) as otherwise
expressly provided in the Plan or in the Confirmation Order, to the fullest extent permissible
under applicable law, as such law may be extended or integrated after the date upon which
the Bankruptcy Court enters the Confirmation Order, on or after the Effective Date, each
Released Party3 shall be deemed expressly, conclusively, absolutely, unconditionally,
irrevocably and forever, released, and waived by each of the Releasing Parties4 from any and
all claims, interests, obligations, rights, suits, damages, Causes of Action, remedies, and
liabilities whatsoever (including any derivative claims asserted or that may be asserted on
behalf of any of the Debtors or their Estates), whether known or unknown, foreseen or
unforeseen, existing or hereinafter arising, in law, equity, or otherwise, based on or relating
to, or in any manner arising from, in whole or in part, the Debtors, the Chapter 11 Cases,
the Plan (including the Plan Supplement), the Disclosure Statement, the restructuring of
Claims or Interests in the Chapter 11 Cases, the formulation, preparation, dissemination,
negotiation of any of the foregoing or any contract, instrument, release, or other agreement
or document created or entered into in connection with any of the foregoing, the pursuit of
confirmation of the Plan, the solicitation of votes on the Plan, the pursuit of consummation
of the Effective Date, the administration and implementation of the Plan, including the
issuance or distribution of securities pursuant to the Plan, the subject matter of, or the
transactions or events giving rise to, any Claim or Interest that is treated in the Plan, or the
distribution of property under the Plan or any other related agreement, or upon any other
act or omission, transaction, agreement, event, or other occurrence taking place on or before
the Effective Date related or relating to the foregoing, except for Causes of Action arising
from an act or omission of a Released Party that is judicially determined in a Final Order to
have constituted actual fraud, gross negligence, criminal misconduct or willful misconduct.
Notwithstanding anything to the contrary in the foregoing, the releases set forth above shall
not be construed as releasing any post-Effective Date obligations of any party or entity under
3
“Released Parties” means, collectively, each of the following in their capacity as such: (a) the Debtors and the
Debtors’ Released Related Parties; (b) the Wind Down Estates and the Wind Down Estate’s Released Related Parties;
and (c) the Reserve Bank and its Released Related Parties.
4
“Releasing Parties” means, collectively, each of the following in their capacity as such: (a) the Reserve Bank; (b)
all holders of Claims in Class 4 who vote to accept the Plan and do not affirmatively opt-out of the releases in
accordance with the ballot to solicit acceptances of the Plan; (c) all holders of Claims that are unimpaired and deemed
to accept or impaired and deemed to reject the Plan and who do not object to the releases in Section 10.6 of the Plan;
(d) all holders of Interests in Class 6; (e) all holders of Claims that are eligible to vote to accept or reject the Plan that
either vote to reject the Plan or abstain from voting on the Plan for all Classes in which they are eligible to vote and
who do not affirmatively opt-out of the releases in accordance with the ballot to solicit acceptances or rejections of
the Plan; (f) all holders of Claims not otherwise included in the foregoing clauses (a) – (e) who have notice and an
opportunity to object to the releases and who do not object to the releases in Section 10.6 of the Plan; and (g) with
respect to each of the foregoing Entities and Persons in clauses (a) – (f), all of their respective Releasing Related
Parties solely with respect to claims that such Entities or Persons could have properly asserted on behalf of such
Entities or Persons in clauses (a) – (f).
5
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 7 of 13
the Plan, or any document, instrument, or agreement (including those set forth in the Plan
Supplement) executed to implement the Plan.
Section 10.8 of the Plan: Waiver of Statutory Limitation on Releases.
EACH RELEASING PARTY IN EACH OF THE RELEASES CONTAINED IN
THE PLAN (INCLUDING UNDER SECTION 10 OF THE PLAN) EXPRESSLY
ACKNOWLEDGES THAT ALTHOUGH ORDINARILY A GENERAL RELEASE MAY
NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR, WHICH IF KNOWN BY IT MAY HAVE
MATERIALLY AFFECTED ITS SETTLEMENT WITH THE PARTY RELEASED, IT
HAS CAREFULLY CONSIDERED AND TAKEN INTO ACCOUNT IN DETERMINING
TO ENTER INTO THE ABOVE RELEASES THE POSSIBLE EXISTENCE OF SUCH
UNKNOWN LOSSES OR CLAIMS. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, EACH RELEASING PARTY EXPRESSLY WAIVES ANY AND ALL
RIGHTS CONFERRED UPON IT BY ANY STATUTE OR RULE OF LAW WHICH
PROVIDES THAT A RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CLAIMANT DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MAY HAVE
MATERIALLY AFFECTED ITS SETTLEMENT WITH THE RELEASED PARTY,
INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542. THE
RELEASES CONTAINED IN SECTION 10 OF THE PLAN ARE EFFECTIVE
REGARDLESS OF WHETHER THOSE RELEASED MATTERS ARE PRESENTLY
KNOWN, UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR
UNFORESEEN.
Item 4. Certifications.
By signing this Ballot, the undersigned certifies to the Court and the Debtors:
a. that as of the Voting Record Date the undersigned is either: (a) the Person that is the
holder of the Class 4 General Unsecured Claim(s) being voted; or (b) the Person that is
an authorized signatory for the Person that is the holder of the Class 4 General
Unsecured Claim(s) being voted;
b. that the Person has received a copy of the Disclosure Statement, the Plan, and the
Solicitation Package and acknowledges that the solicitation is being made pursuant to
the terms and conditions set forth therein;
c. that the Person has cast the same vote with respect to all Class 4 General Unsecured
Claims;
d. that no other Ballots with respect to the amount of the Class 4 General Unsecured
Claim(s) identified in Item 2 have been cast or, if any other Ballots have been cast with
respect to such Claim(s), then any such Ballots dated earlier are hereby revoked;
e. that the Person acknowledges that a vote to accept the Plan constitutes an acceptance
of the treatment of such Person’s Class 4 General Unsecured Claim(s);
6
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 8 of 13
f. that the Person understands and, if accepting the Plan, agrees with the treatment
provided for its Claim(s) under the Plan;
g. that the Person acknowledges and understands that (a) if no holders of Claims eligible
to vote in a particular Class vote to accept or reject the Plan, the Plan shall be deemed
accepted by the holders of such Claims in such Class; and (b) any Class of Claims that
does not have a holder of an Allowed Claim, or a Claim temporarily allowed by the
Court as of the date of the Confirmation Hearing, shall be deemed eliminated from the
Plan for purposes of voting to accept or reject the Plan and for purposes of determining
acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the
Bankruptcy Code; and
h. that the Person acknowledges and agrees that the Debtors may make conforming
changes to the Plan to the extent provided by Bankruptcy Rule 3019 as may be
reasonably necessary but that the Debtors will not re-solicit acceptances or rejections
of the Plan in the event of such conforming changes.
7
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 9 of 13
Name of Holder: __________________________________
(Please print or type)
Signature: __________________________________
Name of Signatory: __________________________________
(If other than holder)5
Title: __________________________________
Address: __________________________________
__________________________________
__________________________________
Telephone No.: __________________________________
E-Mail Address: __________________________________
Date Completed: __________________________________
5
If you are completing this Ballot on behalf of another Person, indicate your relationship with such Person and the
capacity in which you are signing. You may be required to provide additional information or documentation with
respect to such relationship.
8
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 10 of 13
UNLESS SUBMITTING YOUR VOTE THROUGH THE E-BALLOTING PORTAL,
PLEASE COMPLETE, SIGN, AND DATE THIS BALLOT AND RETURN IT
PROMPTLY IN THE RETURN ENVELOPE PROVIDED.
WHETHER SUBMITTING YOUR BALLOT THROUGH THE E-BALLOTING
PORTAL, OR BY FIRST CLASS MAIL, OVER NIGHT COURIER OR HAND
DELIVERY, YOUR BALLOT MUST BE ACTUALLY RECEIVED
BY THE VOTING DEADLINE, WHICH IS ON
FEBRUARY 21, 2023 PREVAILING EASTERN TIME BY 5:00 P.M.
9
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 11 of 13
INSTRUCTIONS FOR COMPLETING BALLOTS
1. The Debtors are soliciting the votes of holders of certain Claims with respect to the Plan
annexed as Exhibit A to the Disclosure Statement. Capitalized terms used in the Ballot or
in these instructions (the “Ballot Instructions”) but not otherwise defined therein or herein
shall have the meaning set forth in the Plan, the Disclosure Statement, or the Disclosure
Statement Order, as applicable.
2. The Court may confirm the Plan and thereby bind you to the terms of the Plan. Please
review the Disclosure Statement for more information.
3. Omni’s “E-Ballot” platform is the sole manner in which Ballots will be accepted via
electronic or online transmission. Ballots submitted by facsimile, email, or other means of
electronic transmission will not be counted. To have your vote counted, you must
electronically complete, sign, and return this customized Electronic Ballot by utilizing the
E-Ballot platform on Omni’s website. Your Ballot must be received by Omni no later than
the Voting Deadline, unless such time is extended by the Debtors.
HOLDERS ARE STRONGLY ENCOURAGED TO SUBMIT THEIR BALLOTS
VIA THE E-BALLOT PLATFORM.
4. If you prefer to return a hard copy of your Ballot, you may return it in the enclosed
preaddressed, postage prepaid envelope or via first class, overnight courier, or hand
delivery to:
Kabbage, Inc. d/b/a KServicing, et al.
c/o Omni Agent Solutions
5955 De Soto Ave., Suite 100,
Woodland Hills, CA 91367
5. To ensure that your vote is counted, you must: (a) complete the Ballot; (b) indicate your
decision either to accept or reject the Plan in the boxes provided in Item 3 of the Ballot;
and (c) sign and return the Ballot to the address set forth on the enclosed pre-addressed
envelope or in a method provided herein. The Voting Deadline for the receipt of Ballots
by Omni is on February 21, 2023 at 5:00 P.M. (Prevailing Eastern Time). Your
completed Ballot must be received by Omni on or before the Voting Deadline.
6. Except as otherwise provided herein or unless waived by the Debtors or permitted by order
of the Bankruptcy Court, unless the Ballot being furnished is timely submitted on or prior
to the Voting Deadline, the Debtors shall reject such Ballot as invalid and, therefore,
decline to count it in connection with confirmation of the Plan.
7. If you cast more than one Ballot voting the same Claim(s) before the Voting Deadline, the
last valid Ballot received on or before the Voting Deadline shall be deemed to reflect your
intent, and thus, supersede any prior Ballot.
10
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 12 of 13
8. If you cast a Ballot that is properly completed, executed, and timely returned to Omni, but
does not indicate either an acceptance or rejection of the Plan, the Ballot will not be
counted.
9. If you cast a Ballot that is properly completed, executed, and timely returned to Omni, but
indicates both an acceptance and a rejection of the Plan, the Ballot will not be counted.
10. You shall be deemed to have voted the full amount of your Claim in each Class and shall
not be entitled to split your vote within a particular Class. Any Ballot that partially accepts
and partially rejects the Plan will not be counted.
11. If you cast Ballots received by Omni on the same day, but which are voted inconsistently,
such Ballots will not be counted.
12. The following Ballots shall not be counted:
(i) any Ballot received after the Voting Deadline, unless the Debtors shall have granted
an extension of the Voting Deadline in writing with respect to such Ballot;
(ii) any Ballot that is illegible or contains insufficient information to permit the
identification of the Claim holder;
(iii) any Ballot cast by a person or entity that does not hold a Claim in a Class that is
entitled to vote to accept or reject the Plan;
(iv) any Ballot cast by a person who is not entitled to vote, even if such individual holds
a Claim in a Voting Class;
(v) any unsigned Ballot;
(vi) any Ballot for which the Court determines, after notice and a hearing, that such vote
was not solicited or procured in good faith or in accordance with the provisions of
the Bankruptcy Code; or
(vii) any Ballot transmitted to Omni by means not specifically approved herein.
13. If you are signing a Ballot in your capacity as a trustee, executor, administrator, guardian,
attorney in fact, officer of a corporation, or otherwise acting in a fiduciary or representative
capacity, you should indicate such capacity when signing and, if requested by Omni, the
Debtors, or the Court, must submit proper evidence to the requesting party to so act on
behalf of such holder. In addition, you should provide their name and mailing address if it
is different from that set forth on the attached mailing label or if no such mailing label is
attached to the Ballot.
14. If you hold Claims in more than one Voting Class, you must use separate Ballots for each
Class of Claims.
11
Case 22-10951-CTG Doc 470-3 Filed 01/19/23 Page 13 of 13
15. The Debtors, subject to contrary order of the Bankruptcy Court, may waive any defect or
irregularity as to any particular Ballot at any time, either before or after the close of voting,
and any such waiver shall be documented in the Voting Certification.
16. Neither the Debtors, nor any other Person, will be under any duty to provide notification
of defects or irregularities with respect to delivered Ballots other than as provided in the
Voting Certification, nor will any of them incur any liability for failure to provide such
notification.
17. Unless waived by the Debtors, subject to contrary order of the Bankruptcy Court, any
defects or irregularities in connection with deliveries of Ballots must be cured prior to the
Voting Deadline or such Ballots will not be counted.
18. The Ballot is not a letter of transmittal and may not be used for any purpose other than to
vote to accept or reject the Plan. Accordingly, at this time, holders of Claims should not
surrender certificates or instruments representing or evidencing their Claim, and neither
the Debtors nor Omni will accept delivery of any such certificates or instruments
surrendered together with a Ballot.
19. This Ballot does not constitute, and shall not be deemed to be (i) a proof of claim or (ii) an
assertion or admission of a Claim.
20. If you believe you have received the wrong Ballot, you should contact Omni immediately
at 866-956-2138 (Toll Free) or 747-226-5953 (International) or by email to
kservicinginquiries@omniagnt.com and include “Kabbage, Inc. d/b/a KServicing” in the
subject line.
PLEASE SUBMIT YOUR BALLOT PROMPTLY
IF YOU HAVE ANY QUESTIONS REGARDING THIS BALLOT OR THE VOTING
PROCEDURES, PLEASE CONTACT OMNI AT 866-956-2138 (TOLL FREE)
OR 747-226-5953 (INTERNATIONAL)
****
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