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RLF1 28543264V.1
Exhibit A
Proposed Order
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
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:
In re
:
Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., :
Case No. 22-10951 (CTG)
:
:
Debtors.1
:
(Jointly Administered)
:
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Re: Docket No. __
ORDER (I) EXTENDING THE
DEBTORS’ EXCLUSIVE PERIODS, 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, pursuant to section 1121(d) of title 11 of the United States
Code (the “Bankruptcy Code”) and Rule 9006-2 of the Local Rules of Bankruptcy Practice and
Procedure of the United States Bankruptcy Court for the District of Delaware, (i) authorizing the
Debtors to extend the exclusive period in which to file a chapter 11 plan (the “Exclusive Filing
Period”), and extend the exclusive period in which to solicit acceptance thereof (the “Exclusive
Solicitation Period”, and together with the Exclusive Filing Period, the “Exclusive Periods”), by
90 days, 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.
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 respective meanings ascribed to such terms
in the Motion.
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§§ 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; and such notice having been adequate 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 (the “Hearing”), if necessary,
and any record thereof; 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.
Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive
Filing Period is extended through and including May 1, 2023.
3.
Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive
Solicitation Period is extended through and including July 3, 2023.
4.
The extensions of the Exclusive Periods granted herein are without
prejudice to such further requests that may be made pursuant to section 1121(d) of the Bankruptcy
Code by the Debtors or any party in interest, for cause shown, upon notice and a hearing.
5.
The Debtors are authorized to take all action necessary to effectuate the
relief granted in this Order.
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6.
The 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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