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RLF1 28920478V.1
Exhibit A
Proposed Order
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RLF1 28920478V.1
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) GRANTING SECOND MOTION OF DEBTORS EXTENDING
THEIR 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) further extending
the Debtors’ exclusive periods in which to file a chapter 11 plan (the “Exclusive Filing Period”),
and 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. §§ 157(a)–(b) and 1334(b), and the Amended
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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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 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 as provided herein.
2.
Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive
Filing Period is extended through and including July 31, 2023.
3.
Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive
Solicitation Period is extended through and including October 2, 2023.
4.
The extension 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 hearing.
5.
The Debtors are authorized to take all steps necessary or appropriate to carry
out this Order.
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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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