In re Kabbage — Email Correspondence Between American Express and KServicing (Exhibit 3)

Date: 2023-03-15

Summary

Doc 684-3, marked Exhibit 3, filed March 15, 2023 in Case 22-10951-CTG, In re Kabbage. It reproduces an email thread of December 19 and December 20, 2022 between the deputy general counsel of K-Servicing and a vice president and senior M&A counsel at American Express. In the first message K-Servicing states it is willing to provide a scenario matrix and more detailed portfolio information to begin discussion of future servicing options, and is open to signing an NDA drafted first by AmEx and S&C. The reply states that S&C will reach out to Weil to discuss the matter, and the thread closes with an acknowledgment. The three-page exhibit also carries confidentiality notices from both companies.

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Cite this document

“In re Kabbage — Email Correspondence Between American Express and KServicing (Exhibit 3).” Original at archive.org, dated 2023-03-15. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-15-kservicing-bankruptcy-7ed67353-1/, SHA-256 7ed67353fb0cfb57e02274bcfc47f67c42674cba18d9b7cd763b44888151e7fc.

Full text

Case 22-10951-CTG   Doc 684-3   Filed 03/15/23   Page 1 of 3




                       Exhibit 3
                       Case 22-10951-CTG          Doc 684-3       Filed 03/15/23      Page 2 of 3




From:                              Sal Kafiti <skafiti@kservicecorp.com>
Sent:                              Tuesday, December 20, 2022 9:13 AM
To:                                Regina Sorin
Subject:                           [External] Re: Following up on Friday's conversation



OK that sounds good. I’ll let them know.

Get Outlook for iOS [isolate.menlosecurity.com]

From: Regina Sorin <Regina.Sorin@aexp.com>
Sent: Tuesday, December 20, 2022 8:39:43 AM
To: Sal Kafiti <skafiti@kservicecorp.com>
Subject: RE: Following up on Friday's conversation

Hi Sal,

I’ve also been discussing general approach with S&C, as we discussed, and S&C will reach out to Weil to discuss this all
more holistically.

Best,
Regina

REGINA SORIN | VP AND SENIOR M&A COUNSEL
GENERAL COUNSEL’S ORGANIZATION
AMERICAN EXPRESS
M: 440.554.3359 | E: regina.sorin@aexp.com


From: Sal Kafiti <skafiti@kservicecorp.com>
Sent: Monday, December 19, 2022 4:35 PM
To: Regina Sorin <Regina.Sorin@aexp.com>
Subject: [External] Following up on Friday's conversation

Regina – I followed up internally after our discussion on Friday. K-Servicing is OK with providing you a scenario matrix
and some more detailed portfolio information per your request to kickstart some discussion about future servicing
options. We will get started on that this week. We also are OK conceptually with signing an NDA to protect the
discussions from disclosure and thought it might make the most sense if AmEx/S&C circulated something first that you
think would provide the scope of protection you are looking for in this context. Are you/S&C OK with taking the first
draft of the NDA?

Many Thanks,
Sal
Salim Kafiti
Deputy General Counsel
Email: skafiti@kservicecorp.com
Pronouns: He/Him/His




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                         Case 22-10951-CTG               Doc 684-3        Filed 03/15/23         Page 3 of 3




www.kservicing.com [isolate.menlosecurity.com]




Notice of Confidentiality: This message and any attachments are solely for the intended recipient and may contain confidential or
privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included
in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail
and immediately and permanently delete this message and any attachments. Thank you.
American Express made the following annotations




"This message and any attachments are solely for the intended recipient and may contain confidential or
privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the
information included in this message and any attachments is prohibited. If you have received this
communication in error, please notify us by reply e-mail and immediately and permanently delete this message
and any attachments. Thank you."


American Express a ajouté le commentaire suivant

Ce courrier et toute pièce jointe qu'il contient sont réservés au seul destinataire indiqué et peuvent contenir des
renseignements confidentiels et privilégiés. Si vous n'êtes pas le destinataire prévu, toute divulgation,
duplication, utilisation ou distribution du courrier ou de toute pièce jointe est interdite. Si vous avez reçu cette
communication par erreur, veuillez nous en aviser par courrier et détruire immédiatement le courrier et les
pièces jointes. Merci.



Notice of Confidentiality: This message and any attachments are solely for the intended recipient and may contain confidential or
privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included
in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail
and immediately and permanently delete this message and any attachments. Thank you.




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File and source

File: gov.uscourts.deb.188293.684.3.pdf
Size: 294,736 bytes
SHA-256: 7ed67353fb0cfb57e02274bcfc47f67c42674cba18d9b7cd763b44888151e7fc
Our copy: gov.uscourts.deb.188293.684.3.pdf
Original: archive.org