Exhibit A, Proposed Order on Administrative Expenses — In re KServicing (Dkt. 926-1)

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Exhibit A, a proposed Order Granting Request for Allowance and Payment of Administrative Expenses, filed July 25, 2023 as Doc 926-1 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG) (Jointly Administered), a Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. The proposed order would grant the request of American Express Kabbage Inc. and American Express Travel Related Services Company, Inc., citing jurisdiction under 28 U.S.C. §§ 157 and 1334. It would give American Express an allowed chapter 11 administrative expense claim on account of the Postpetition Debt, without prejudice to its claim Nos. 131 and 256. The Debtor or the Wind Down Officer would pay the full allowed claim in accordance with Section 2.1 of the Plan, and the court would retain jurisdiction.

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Case 22-10951-CTG   Doc 926-1   Filed 07/25/23   Page 1 of 3




                       Exhibit A

                     Proposed Order
                 Case 22-10951-CTG            Doc 926-1       Filed 07/25/23      Page 2 of 3




                          IN THE UNITED STATES BANKRUPTCY COURT
                               FOR THE DISTRICT OF DELAWARE


    In re                                                      Chapter 11

    KABBAGE, INC. d/b/a KSERVICING,                            Case No. 22-10951 (CTG)
    et al.,
                                                               (Jointly Administered)
                              Debtors.1


              ORDER GRANTING REQUEST FOR ALLOWANCE AND PAYMENT
                          OF ADMINISTRATIVE EXPENSES

            Upon American Express Kabbage Inc. and American Express Travel Related Services

Company, Inc.’s (collectively, “American Express”)2 Request for Allowance and Payment of

Administrative Expenses (the “Request”); and the Court having jurisdiction over this matter

pursuant to 28 U.S.C. §§ 157 and 1334; and the Court having found that this is a core proceeding

pursuant to 28 U.S.C. § 157(b)(2); and the Court having reviewed the Request and any responses

or objections thereto and determined that the legal and factual bases set forth in the Request

establish just cause for the relief granted herein; and it appearing that notice of the Request was

good and sufficient and no other or further notice need be given; 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 Request is GRANTED as set forth herein.


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”);
            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 not defined herein are defined in the Request.
               Case 22-10951-CTG       Doc 926-1      Filed 07/25/23     Page 3 of 3




                2.    American Express shall have an allowed chapter 11 administrative expense

claim on account of the Postpetition Debt (the “Allowed Claim”).

                3.    This Order is without prejudice to American Express’s claim Nos. 131 and

256 and its right to file, pursue, or recover under any other claims, whether administrative or

otherwise.

                4.    The Debtor, or the Wind Down Officer, as applicable, shall pay to American

Express the full amount of the Allowed Claim by wire transfer of immediately available funds, or

such other method as agreed to by the parties, in accordance with the requirements of Section 2.1

of the Plan.

                5.    The Court shall retain jurisdiction with respect to all matters arising from or

related to the implementation of this Order.




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