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A Proof of Publication filed January 31, 2023 as Doc 508 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. Filed by Omni Agent Solutions as claims, noticing and administrative agent, it attaches as Exhibit A proof that the notice filed at Docket No. 471, on approval of the Disclosure Statement, solicitation and voting procedures and the confirmation hearing, ran in USA Today on January 27, 2023. Exhibit A contains a verification of publication by the newspaper's principal clerk and the printed newspaper page. The published legal notice lists an objection deadline and hearing date and reprints plan release and executory contract provisions. The filing is four pages.
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Case 22-10951-CTG Doc 508 Filed 01/31/23 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
KABBAGE, INC. d/b/a KSERVICING, et al., Case No. 22-10951 (CTG)
Debtors.1 (Jointly Administered)
PROOF OF PUBLICATION
Attached hereto as Exhibits A is the Proof of Publication for the Notice of (I) Approval of the
Disclosure Statement of the Debtors (II) Establishment of Solicitation, Voting, and Related Procedures,
(III) Scheduling Confirmation Hearing, (IV) Establishing Notice and Objection Procedures for
Confirmation of Plan, (V) Approval of Special Electronic Noticing Procedures, (VI) Approval of Debtors’
Proposed Cure Procedures for Unexpired Leases and Executory Contracts, and (VII) Granting Related
Relief [Docket No. 471] from the following:
Publication Publication Date Exhibit
USA Today January 27, 2023 A
/s/ Randy Lowry
Randy Lowry
Omni Agent Solutions
5955 DeSoto Avenue, Suite 100
Woodland Hills, California 91367
(818) 906-8300
Claims, Noticing, and Administrative Agent for the
Debtor
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.
Case 22-10951-CTG Doc 508 Filed 01/31/23 Page 2 of 4
EXHIBIT A
Case 22-10951-CTG Doc 508 Filed 01/31/23 Page 3 of 4
VERIFICATION OF PUBLICATION
COMMONWEALTH OF VIRGINIA
COUNTY OF FAIRFAX
_________________________
Being duly sworn, Vanessa Salvo says that she is the principal clerk of USA TODAY, and is
duly authorized by USA TODAY to make this affidavit, and is fully acquainted with the facts
stated herein: on Friday, January 27, 2023, the following legal advertisement –
KABBAGE, INC. was published in the national edition of USA TODAY.
_________________________________
Principal Clerk of USA TODAY
January 27, 2023
Case 22-10951-CTG Doc 508 Filed 01/31/23 Page 4 of 4
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Astros raid
Braves, hire
a new GM NOTICES
Gabe Lacques LEGAL NOTICE
USA TODAY UNITED STATES BANKRUPTCY COURT, DISTRICT OF DELAWARE PARTY MAY BE BARRED FROM OBJECTING TO CONFIRMATION OF THE or the distribution of any consideration or value received on Notice of Assumption of Executory Contracts and
In re KABBAGE,INC. d/b/a ) Chapter 11 PLANANDMAYNOTBEHEARDATTHECONFIRMATIONHEARING. account of the American Express Transaction. Notwithstanding Unexpired Leases of Debtors and Related Procedures
KSERVICING,et al., ) Case No.22-10951 (CTG) 10. Additional Information. Any party in interest wishing to anything to the contrary in the foregoing, (i) the releases set forth 11. Section 8 of the Plan provides, as of and subject to the occur-
Debtors.1 ) (Jointly Administered) obtain a copy of the Disclosure Statement and the Plan should contact above shall not be construed as releasing any post-Effective Date rence of the Effective Date, all executory contracts and unexpired
The Houston Astros’ two- Obj.Deadline: Feb.21,2023 at 4:00 p.m.(ET) Omni Agent Solutions, the Debtors’ solicitation agent, (i) in writing obligations of any party or entity under the Plan, or any docu- leases to which any of the Debtors are parties shall be deemed
month era of general manager- Hearing Date: Mar.13,2023 at 10:00 a.m.(ET) at Kabbage, Inc. d/b/a KServicing, et al., c/o Omni Agent Solutions, ment, instrument, or agreement (including those set forth in the rejected, unless such contract or lease (i) was previously assumed or
NOTICE OF (I) APPROVAL OF THE DISCLOSURE Solicitation Team, 5955 De Soto Ave., Suite 100, Woodland Hills, CA Plan Supplement) executed to implement the Plan and (ii) the rejected by the Debtors pursuant to an order of the Bankruptcy Court;
by-committee – helmed by STATEMENT OF THE DEBTORS (II) ESTABLISHMENT OF 91367, (ii) by email at kservicinginquiries@omniagnt.com, or (iii) by releases by the Debtors set forth above shall not impair any Estate (ii) previously expired or terminated pursuant to its own terms or by
SOLICITATION, VOTING, AND RELATED PROCEDURES, telephone at 866-956-2138 (U.S.& Canada toll free) or 747-226-5953 CausesofActionagainstanon-ReleasedParty. agreement of the parties thereto; (iii) is the subject of a motion to
owner Jim Crane – has ended. (III) SCHEDULING CONFIRMATION HEARING, (IV) (international). Interested parties may also review the Disclosure Section 10.6 of the Plan: Releases by Holders of Claims assume filed by the Debtors on or before the Confirmation Date;(iv) is
Statement and the Plan free of charge at www.omniagentsolutions. and Interests. As of the Effective Date, except (a) for the right identified in Section 8.4 of the Plan;or (v) is identified for assumption
ESTABLISHING NOTICE AND OBJECTION PROCEDURES
The Astros on Thursday an- FOR CONFIRMATION OF PLAN, (V) APPROVAL OF com/kservicing. In addition, the Disclosure Statement and Plan to enforce the Plan or (b) as otherwise expressly provided in the ontheAssumptionScheduleincludedinthePlanSupplement.
are on file with the Bankruptcy Court and may be reviewed for a fee Plan or in the Confirmation Order, to the fullest extent permis- 12. Subject to the occurrence of the Effective Date, entry of the
SPECIAL ELECTRONIC NOTICING PROCEDURES
nounced they have hired for- (VI) APPROVAL OF DEBTORS’ PROPOSED CURE by accessing the Bankruptcy Court’s website: www.deb.uscourts. sible under applicable law, as such law may be extended or inte- Confirmation Order by the Bankruptcy Court shall constitute approval
gov. Note that a PACER password and login are needed to access grated after the date upon which the Bankruptcy Court enters the of the assumptions, assumptions and assignments, or rejections
mer Atlanta Braves evaluator PROCEDURES FOR UNEXPIRED LEASES AND EXECUTORY
CONTRACTS, AND (VII) GRANTING RELATED RELIEF documents on the Bankruptcy Court’s website. A PACER password can Confirmation Order, on or after the Effective Date, each Released provided for in the Plan pursuant to sections 365(a) and 1123 of the
beobtainedatwww.pacer.psc.uscourts.gov. Party shall be deemed expressly, conclusively, absolutely, uncon- Bankruptcy Code and a determination by the Bankruptcy Court that
Dana Brown as their general PLEASETAKE NOTICETHAT: Notice Regarding Certain Release, Exculpation, and ditionally, irrevocably and forever, released, and waived by each Wind Down Estates, as applicable, have provided adequate assur-
1. Approval of Disclosure Statement. On January 19, 2023, Injunction Provisions in Plan of the Releasing Parties from any and all claims, interests, obli- ance of future performance under such assumed executory contracts
manager, ending an era that the United States Bankruptcy Court for the District of Delaware (the 11. Please be advised that Article X of the Plan con- gations, rights, suits, damages, Causes of Action, remedies, and and unexpired leases. Each executory contract and unexpired lease
“Bankruptcy Court”) held a hearing (the“Disclosure Statement tains certain release, exculpation, and injunction provi- liabilities whatsoever (including any derivative claims asserted assumed or assumed and assigned pursuant to the Plan shall vest
saw the dismissal of former GM Hearing”) at which it approved the Amended Disclosure Statement sions, including those set forth below. YOU ARE ADVISED TO or that may be asserted on behalf of any of the Debtors or their in and be fully enforceable by the Wind Down Estates, as applicable,
for the Amended Joint Chapter 11 Plan of Liquidation of Kabbage, CAREFULLY REVIEW AND CONSIDER THE PLAN, INCLUDING THE Estates), whether known or unknown, foreseen or unforeseen, in accordance with its terms, except as modified by the provisions of
James Click and the majority of Inc. (d/b/a KServicing) and its Debtor Affiliates, filed on January 19, INJUNCTION, RELEASE, AND EXCULPATION PROVISIONS, AS existing or hereinafter arising, in law, equity, or otherwise, based the Plan,any order of the Bankruptcy Court authorizing and providing
2023 [D.I. 467] (as may be amended, modified, or supplemented, YOURRIGHTSMAYBEAFFECTED.
the club’s offseason transac- the “Disclosure Statement”)2 in connection with the chapter 11
on or relating to, or in any manner arising from, in whole or in for its assumption,or applicable law. For the avoidance of doubt,the
Section 10.3 of the Plan: Plan Injunction part, the Debtors, the Chapter 11 Cases, the Plan (including the ProgramAgreementsarenotexecutorycontractsorunexpiredleases.
tions orchestrated by Crane. cases of Kabbage, Inc. d/b/a KServicing and its debtor affiliates (col- (a) Upon entry of the Confirmation Order, all holders of Plan Supplement), the Disclosure Statement, the restructuring of 13. Any Cure Amount shall be satisfied, pursuant to section
lectively the “Debtors”), and thereafter entered an order [D.I. 470] Claims and Interests and other parties in interest, along with Claims or Interests in the Chapter 11 Cases, the formulation, prep- 365(b)(1) of the Bankruptcy Code, by payment of the Cure Amount,
Brown, 55, brings a more (the “Order”) with respect thereto. The Order, among other things, their respective present or former employees, agents, officers, aration, dissemination, negotiation of any of the foregoing or any as reflected in the applicable cure notice,in Cash on the Effective Date,
authorizes the Debtors to solicit votes to accept or reject the Amended directors, principals, and affiliates, shall be enjoined from taking contract, instrument, release, or other agreement or document subject to the limitations described below, or on such other terms as
seasoned and traditional Joint Chapter 11 Plan of Liquidation of Kabbage,Inc.(d/b/a KServicing) any actions to interfere with the implementation or consumma- created or entered into in connection with any of the foregoing, the parties to such executory contracts or unexpired leases and the
and its Debtor Affiliates,filed on January 19,2023 [D.I.466] (as may be tionofthePlaninrelationtoanyClaimextinguished,discharged, the pursuit of confirmation of the Plan, the solicitation of votes Debtorsmayotherwiseagree.
scouting background to the job amended,modified,orsupplemented,the“Plan”). orreleasedpursuanttothePlan. on the Plan, the pursuit of consummation of the Effective Date, 14. The Debtors shall file, as part of the Plan Supplement,
2. ConfirmationHearing.Ahearing toconsiderconfirmationof (b) Except as expressly provided in the Plan, the Definitive the administration and implementation of the Plan, including the Assumption Schedule. At least fourteen (14) days before the
than his most recent predeces- the Plan (the “Confirmation Hearing”) has been scheduled before Documents, the Confirmation Order, or a separate order of the the issuance or distribution of securities pursuant to the Plan, the Confirmation Hearing, the Debtors shall serve a notice on parties to
theHonorableCraigT.Goldblatt,UnitedStatesBankruptcyJudgeinthe Bankruptcy Court or as agreed to by the Debtors and a holder subject matter of, or the transactions or events giving rise to, any executory contracts or unexpired leases to be assumed or assumed
sors, Click and Jeff Luhnow, United States Bankruptcy Court for the District of Delaware,824 North of a Claim against or Interest in the Debtors, all Entities who Claim or Interest that is treated in the Plan, or the distribution of and assigned reflecting the Debtors’intention to potentially assume or
who were hired at 42 and 44 Market Street,Third Floor,Courtroom 7,Wilmington,Delaware 19801, have held, hold, or may hold Claims against or Interests in the property under the Plan or any other related agreement, or upon assume and assign the contract or lease in connection with this Plan
on March 13,2023 at 10:00 a.m.(Prevailing Eastern Time). The Debtors (whether proof of such Claims or Interests has been filed anyotheractoromission,transaction,agreement,event,orother and,whereapplicable,settingforththeproposedCureAmount(ifany).
years old, respectively. Confirmation Hearing may be adjourned or continued from time to or not and whether or not such Entities vote in favor of, against occurrence taking place on or before the Effective Date related or Any objection by a counterparty to an executory contract or
time by the Bankruptcy Court or the Debtors without further notice or abstain from voting on the Plan or are presumed to have relating to the foregoing, except for Causes of Action arising from unexpired lease to the proposed assumption, assumption
Luhnow remade the Astros other than adjournments announced in open court or as indicated accepted or deemed to have rejected the Plan) and other parties anactoromissionofaReleasedPartythatisjudiciallydetermined and assignment,or related Cure Amount must be filed,served,
in any notice of agenda of matters scheduled for hearing filed by the in interest, along with theirrespective present or former employ- in aFinal Order tohaveconstitutedactual fraud, gross negligence, and actually received by the Debtors within ten (10) days of
franchise – and, in a sense, the DebtorswiththeBankruptcyCourt. ees, agents, officers, directors, principals, and affiliates are per- criminal misconduct or willful misconduct. Notwithstanding any- the service of the assumption notice, or such shorter period
3. Voting Record Date. The following holders of Claims against manently enjoined, on and after the Effective Date, solely with thing to the contrary in the foregoing, the releases set forth above as agreed to by the parties or authorized by the Bankruptcy
industry – by fusing his con- the Debtors as of January 19, 2023 (the“Voting Record Date”) in respect to any Claims, Interests, and Causes of Action that will be shall not be construed as releasing any post-Effective Date obli- Court. Any counterparty to an executory contract or unexpired lease
theClasseslistedinthetablebelowareentitledtovoteonthePlan:
sulting background and base- Class Description
or are treated by the Plan from (i) commencing, conducting, or gations of any party or entity under the Plan, or any document, that does not timely object to the notice of the proposed assump-
continuing in any manner, directly or indirectly, any suit, action, instrument, or agreement (including those set forth in the Plan tion of such executory contract or unexpired lease shall be deemed to
ball acumen to create a player Class 3 Reserve Bank Claims or other proceeding of any kind (including, without limitation, Supplement)executedtoimplementthePlan. have assented to assumption of the applicable executory contract or
Class 4 General Unsecured Claims any proceeding in a judicial, arbitral, administrative or other PLEASE BE ADVISED THAT IF YOUR CLAIM IS (I) UNIMPAIRED unexpired lease notwithstanding any provision thereof that purports
acquisition monster that the 4. Voting Deadline. All votes to accept or reject the Plan must forum) against or affecting the Debtors, the Wind Down Estates, UNDER THE PLAN AND YOU ARE DEEMED TO ACCEPT THE PLAN, to (i) prohibit,restrict,or condition the transfer or assignment of such
be actually received by the Debtors’ voting agent, Omni Agent or the Wind Down Officer, as applicable, or the property of any of (II) IMPAIRED UNDER THE PLAN AND DEEMED TO REJECT THE contract or lease;(ii) terminate or modify,or permit the termination or
club still benefits from as it Solutions (“Omni”), by no later than February 21, 2023 at 5:00 the Debtors, theWind Down Estates, or theWind Down Officer, as PLAN, OR (III) UNCLASSFIED UNDER THE PLAN, YOU WILL modification of, a contract or lease as a result of any direct or indirect
takes aim for a seventh consec- p.m. (Prevailing Eastern Time) (the “Voting Deadline”). Any applicable; (ii) enforcing, levying, attaching (including, without BE DEEMED TO HAVE GRANTED THE RELEASES CONTAINED transfer or assignment of the rights of any Debtor under such contract
failure to follow the voting instructions included with your Ballot may limitation, any prejudgment attachment), collecting, or oth- IN SECTION 10.6 OF THE PLAN UNLESS YOU TIMELY OBJECT or lease or a change, if any, in the ownership or control to the extent
utive trip to the World Series. disqualifyyourBallotandyourvote. erwise recovering by any manner or means, whether directly TO SUCH RELEASES BY THE PLAN OBJECTION DEADLINE IN contemplated by the Plan; (iii) increase, accelerate, or otherwise alter
5. Parties in Interest Not Entitled to Vote. Class 1 (Priority or indirectly, any judgment, award, decree, or order against the ACCORDANCE WITH PARAGRAPH 7 OF THIS NOTICE. any obligations or liabilities of any Debtor, or any Wind Down Estate,
But Luhnow was fired in Non-Tax Claims), Class 2 (Other Secured Claims), and Class 6 Debtors, the Wind Down Estates, or the Wind Down Officer; or Section 10.7 of the Plan: Exculpation. To the maximum under such executory contract or unexpired lease; or (iv) create or
(Intercompany Interests) (if so treated) are holders of unim- the property of any of the Debtors, or the Wind Down Estates, as extent permitted by applicable law, no Exculpated Party shall impose a Lien upon any property or Asset of any Debtor,orWind Down
January 2020 after his involve- paired claims or interests and are deemed to accept the Plan. Class applicable; (iii) creating, perfecting, or otherwise enforcing in have or incur liability for, and each Exculpated Party is hereby Estates,asapplicable. Eachsuchprovisionshallbedeemedtonotapply
5 (Intercompany Claims), Class 6 (Intercompany Interests) (if so any manner, directly or indirectly, any encumbrance of any kind released and exculpated from any and all Claims, Interests, obli- to the assumption of such executory contract or unexpired lease pur-
ment in the sign-stealing scan- treated), Class 7 (Subordinated Securities Claims), and Class 8 against the Debtors, the Wind Down Estates, or the property of gations, rights, suits, damages, Causes of Action, remedies, and suant to the Plan and counterparties to assumed executory contracts
(KServicing Equity Interests) are holders of impaired claims or inter- any of the Debtors, the Wind Down Estates, or the Wind Down liabilitieswhatsoever,arisingbetweentheCommencementDate or unexpired leases that fail to object to the proposed assumption in
dal that sullied the club’s 2017 ests and are deemed to reject the Plan. Holders in such claims and Officer, as applicable; (iv) asserting any right of setoff, directly and the Effective Date, whether known or unknown, foreseen accordance with the terms set forth in this Section 8.2(b), shall for-
World Series title and the fran- interests are not entitled to vote on the Plan, and will not receive a or indirectly, against any obligation due from the Debtors, or the or unforeseen, existing or hereinafter arising, in law, equity, or ever be barred and enjoined from objecting to the proposed assump-
Ballot.In accordance with section 1123(a)(1) of the Bankruptcy Code, Wind Down Estates, as applicable, or against property or inter- otherwise, based on or relating to, or in any manner arising from, tion or to the validity of such assumption (including with respect to
chise as a whole. Click was Administrative Expense Claims, Fee Claims, and Priority Tax Claims, ests in property of any of the Debtors, or the Wind Down Estates, in whole or in part, the Debtors, the Chapter 11 Cases, the Plan any Cure Amounts or the provision of adequate assurance of future
have not been classified and,therefore,holders of such Claims are not except as contemplated or Allowed by the Plan; and (v) acting or (including the Plan Supplement), the Disclosure Statement, the performance), or taking actions prohibited by the foregoing or the
quickly hired in February 2020 entitledtovoteandwillnotreceiveaBallot. proceeding in any manner, in any place whatsoever, that does restructuring of Claims or Interests in the Chapter 11 Cases, the BankruptcyCodeonaccountoftransactionscontemplatedbythePlan.
6. Temporary Allowance of Claim for Voting. If you disagree notconformtoorcomplywiththeprovisionsofthePlan. formulation, preparation, dissemination, negotiation of any 15. If there is an Assumption Dispute pertaining to assumption
and admirably continued the with the amount set forth by the Debtors for your Claim in the (c) By accepting distributions pursuant to the Plan, each of the foregoing or any contract, instrument, release, or other of an executory contract or unexpired lease (other than a dispute
Schedules,or if you have filed a proof of claim and disagree with either holderofanAllowedClaimorInterestextinguished,discharged,or agreement or document created or entered into in connection pertaining to a Cure Amount), such dispute shall be heard by the
run of success started by Luh- (i) the Debtors’objection to your Claim and believe that you should be releasedpursuanttothePlanwillbedeemedtohaveaffirmatively with any of the foregoing, the pursuit of confirmation of the Bankruptcy Court prior to such assumption being effective; provided,
entitled to vote on the Plan;or (ii) the Debtors’classification or request and specifically consented to be bound by the Plan, including, Plan, the solicitation of votes on the Plan, the pursuit of consum- that the Debtors or Wind Down Estates, as applicable, may settle any
now. While the club remains for estimation of your Claim and believe that you should be entitled to withoutlimitation,theinjunctionssetforthinthisSection10.3. mation of the Effective Date, the administration and implemen- Assumption Dispute without any further notice to any party or any
heavily dependent on players vote on the Plan in a different amount or Class, then you must serve, (d) The injunctions in this Section 10.3 shall extend to any tation of the Plan, including the issuance or distribution of secu- action,order,orapprovaloftheBankruptcyCourt.
by email, on the Objection Notice Parties identified in paragraph 8 successors of the Debtors, or the Wind Down Estates, as applica- rities pursuant to the Plan, the subject matter of, or the transac- 16. To the extent an Assumption Dispute relates solely to the
acquired by Luhnow – 2022 below and file with the Bankruptcy Court a motion (a“Rule 3018(a) ble,andtheirrespectivepropertyandinterestsinproperty.
Motion”) for an order pursuant to Rule 3018(a) of the Federal Rules
tions or events giving rise to, any Claim or Interest that is treated Cure Amount, the Debtors may assume and/or assume and assign
(e) Notwithstanding the foregoing, nothing in this Section in the Plan, or the distribution of property under the Plan or any the applicable executory contract or unexpired lease prior to the
postseason hero Jeremy Peña of Bankruptcy Procedure (the “Bankruptcy Rules”) requesting 10.3shallenjointheassertionofadefensiverightofrecoupment. other related agreement, except for Claims or Causes of Action resolution of the Assumption Dispute; provided, that the Debtors
temporary allowance of your Claim in a different amount or in a (f) Nothing in the Plan or Confirmation Order shall (1) enjoin, arising from an act or omission that is judicially determined in a or the Wind Down Estate, as applicable, reserve Cash in an amount
was drafted by his regime – different Class for purposes of voting to accept or reject the Plan. All release, impair or otherwise preclude the United States (i) from Final Order to have constituted actual fraud, willful misconduct, sufficient to pay the full amount reasonably asserted as the required
Rule 3018(a) Motions must be filed on or before February 21, 2023 pursuing any criminal action or any police or regulatory action, or gross negligence, but in all respects, such Exculpated Parties cure payment by the non-Debtor party to the extent such executory
Click augmented the group suf- at 4:00 p.m. (Prevailing Eastern Time). Rule 3018(a) Motions (ii) from pursuing any liability to the United States that is not a shall be entitled to reasonably rely upon the advice of counsel contract or unexpired lease (or such smaller amount as may be fixed
that are not timely filed and served in the manner set forth above Claim, (iii) from exercising any rights of setoff or recoupment withrespecttotheirdutiesandresponsibilities. or estimated by the Bankruptcy Court or otherwise agreed to by such
ficiently to construct the 2022 shall not be considered. Holders of Claims or Interests may contact subsequent to confirmation of the Plan or any order granting To the extent section 1125(e) of the Bankruptcy Code applies, non-Debtor party and the applicable Reorganized Debtor or theWind
World Series champions. Omni by(i) visiting Omni’s website for these Chapter 11 Cases atwww. substantive consolidation, and such rights are preserved, and (iv) the Exculpated Parties have, and upon completion of the Plan, Down Estate, as applicable). The Debtors or Wind Down Estates, as
omniagentsolutions.com/kservicing (ii) writing to Kabbage, Inc. from pursuing any claim of the United States arising on or after shall be deemed to have, participated in good faith and in com- applicable, may settle any dispute regarding the Cure Amount or the
Yet the rushed union of d/b/a KServicing, et al., c/o Omni Agent Solutions, Solicitation Team, the Confirmation Date; and (2) grant the Debtors a discharge pur- pliance with the applicable laws with regard to the solicitation nature thereof without any further notice to any party or any action,
5955 De Soto Ave.,Suite 100,Woodland Hills,CA 91367, (iii) by email suanttosection1141(d)oftheBankruptcyCode. of, and distribution of consideration pursuant to, the Plan and, order,orapprovaloftheBankruptcyCourt.
Crane and Click didn’t quite at kservicinginquiries@omniagnt.com, or (iv) by telephone at 866- Section 10.5 of the Plan: Releases by Debtors. As of the therefore, are not, and on account of such distributions shall not 17. Assumption or assumption and assignment of any executory
956-2138 (U.S.& Canada toll free) or 747-226-5953 (international) to Effective Date, the Debtors, and each of their respective Affiliates, be, liable at any time for the violation of any applicable law, rule, contract or unexpired lease pursuant to the Plan or otherwise shall
take. The pair’s relationship receive an appropriate Ballot for any Claim for which a proof of claim on behalf of themselves and their respective Estates, includ- or regulation governing the solicitation of acceptances or rejec- result in the full release and satisfaction of any Claims against any
has been timely filed and a Rule 3018(a) Motion has been granted. ing any successor to the Debtors or any Estate representative tions of the Plan or such distributions made pursuant to the Plan. Debtor or defaults by any Debtor,whether monetary or nonmonetary,
began to fray a bit in 2022, as Any objection to a Rule 3018(a) Motion must be filed by February appointed or selected pursuant to section 1123(b)(3) of the This exculpation shall be in addition to, and not in limitation of, including defaults of provisions restricting the change in control or
28, 2023. Any Rule 3018(a) Motion and related objections shall be Bankruptcy Code, including the Wind Down Estate, shall be all other releases, indemnities, exculpations, and any other ownership interest composition or other bankruptcy-related defaults,
Crane got more heavily in- consideredbytheBankruptcyCourtattheConfirmationHearing. deemed to have conclusively, absolutely, unconditionally, irrevo- applicable laws, rules, or regulations protecting such Exculpated arising under any assumed executory contract or unexpired lease
volved in decisions, and Click’s 7. Objections to Confirmation. The deadline to object or cably, and forever released, and waived each Released Party from Parties from liability. Notwithstanding anything to the contrary at any time before the date that the Debtors assume or assume and
respond to confirmation of the Plan is February 21, 2023 at 4:00 any and all claims, interests, obligations, rights, suits, damages, in the foregoing, the exculpation set forth above shall not be con- assign such executory contract or unexpired lease. Any proofs of Claim
departure was assured when p.m.(Prevailing EasternTime) (the“Plan Objection Deadline”). Causes of Action, remedies, and liabilities whatsoever (includ- strued as exculpating any party or entity from its post-Effective filed with respect to an executory contract or unexpired lease that has
Objections and responses, if any, to confirmation of the Plan, must: ing any derivative claims asserted or that may be asserted on Date obligations under the Plan, or any document, instrument, been assumed or assumed and assigned shall be deemed Disallowed
Crane offered just a one-year (i) be in writing; (ii) conform to the Bankruptcy Rules and the Local behalf of any of the Debtors or their Estates), whether known or or agreement (including those set forth in the Plan Supplement) and expunged,without furthernotice toor action,order,or approval of
Rules; (iii) set forth the name of the objecting party and the nature unknown, foreseen or unforeseen, existing or hereinafter arising, executedtoimplementthePlan. the Bankruptcy Court or any other Entity,upon the assumption of such
contract in the days after the and amount of Claims or Interests held or asserted by the objecting inlaw, equity, or otherwise,based onorrelatingto,or inany man- Section 10.8 of the Plan: Waiver of Statutory Limitation executorycontractorunexpiredleases.
partyagainsttheDebtors’estatesorproperty;(iv)providethebasis for ner arising from, in whole or in part, the Debtors, the Chapter 11 on Releases. EACH RELEASING PARTY IN EACH OF THE RELEASES Dated: January 20, 2023, RICHARDS, LAYTON & FINGER, P.A.,
Astros’ World Series title. the objection and the specific grounds therefor; and (v) be filed with Cases, the Plan (including the Plan Supplement), the Disclosure CONTAINED IN THE PLAN (INCLUDING UNDER SECTION 10 OF THE Daniel J. DeFranceschi, Esq. (No. 2732), Amanda R. Steele, Esq. (No.
Statement, the restructuring of Claims or Interests in the Chapter PLAN) EXPRESSLY ACKNOWLEDGES THAT ALTHOUGH ORDINARILY 5530), Zachary I. Shapiro, Esq. (No. 5103), Matthew P. Milana, Esq.
Crane, aided by Astros leg- theBankruptcyCourt.
8. Inaddition,anyobjectionsorresponsesmustalsobeservedby 11 Cases, the formulation, preparation, dissemination, negotia- A GENERAL RELEASE MAY NOT EXTEND TO CLAIMS WHICH THE (No. 6681), One Rodney Square, 920 North King Street, Wilmington,
end Jeff Bagwell and Hall of email so that they are actually received by the following Objection tion of any of the foregoing or any contract, instrument, release, RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS Delaware 19801,Telephone: (302) 651-7700 -and- WEIL, GOTSHAL
Notice Parties no later than the Plan Objection Deadline: (a) the or other agreement or document created or entered into in con- FAVOR, WHICH IF KNOWN BY IT MAY HAVE MATERIALLY AFFECTED & MANGES LLP, Ray C. Schrock, P.C. (admitted pro hac vice), Candace
Fame adviser Reggie Jackson, Debtors, Kabbage, Inc. d/b/a KServicing, 925B Peachtree Street NE, nection with any of the foregoing, the pursuit of confirmation of ITS SETTLEMENT WITH THE PARTY RELEASED, IT HAS CAREFULLY M. Arthur, Esq. (admitted pro hac vice), Natasha S. Hwangpo, Esq.
Suite 383, Atlanta, GA 30309, Attn: Holly Loiseau, General Counsel the Plan, the solicitation of votes on the Plan, the pursuit of con- CONSIDERED AND TAKEN INTO ACCOUNT IN DETERMINING TO (admitted pro hac vice),Chase A.Bentley,Esq.(admitted pro hac vice),
set out to improve the club him- (hloiseau@kservicecorp.com);(b) Counsel to Debtors,(i)Weil,Gotshal summation of the Effective Date, the administration and imple- ENTER INTO THE ABOVE RELEASES THE POSSIBLE EXISTENCE 767 Fifth Avenue, New York, New York 10153,Telephone: (212) 310-
& Manges LLP, Attn: Ray C. Schrock (ray.schrock@weil.com), Candace mentation of the Plan, including the issuance or distribution of OF SUCH UNKNOWN LOSSES OR CLAIMS. WITHOUT LIMITING 8000, Attorneys for the Debtors and Debtors in Possession
self in the absence of a GM. He M. Arthur (candace.arthur@weil.com), Natasha Hwangpo (natasha. securities pursuant to the Plan, the subject matter of or the trans- THE GENERALITY OF THE FOREGOING, EACH RELEASING PARTY 1 The Debtors in these chapter 11 cases, along with the last four
hwangpo@weil.com), and Chase Bentley (chase.bentley@weil.com) actions or events giving rise to any Claim or Interest that is treated EXPRESSLY WAIVES ANY AND ALL RIGHTS CONFERRED UPON digits of each Debtor’s federal tax identification number, as appli-
quickly signed first baseman and (ii) Richards, Layton & Finger, P.A., Attn: Daniel J DeFranceschi in the Plan, or the distribution of property under the Plan or any IT BY ANY STATUTE OR RULE OF LAW WHICH PROVIDES THAT A cable are: Kabbage, Inc. d/b/a KServicing (3937); Kabbage Canada
(defranceschi@rlf.com), Amanda R. Steele (steele@rlf.com), and other related agreement, or upon any other act or omission, RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CLAIMANT Holdings,LLC (N/A);Kabbage Asset Securitization LLC (N/A); Kabbage
Jose Abreu to a three-year, Zachary I. Shapiro (shapiro@rlf.com); (c) the Office of the United transaction, agreement, event, or other occurrence taking place DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME Asset Funding 2017-A LLC (4803);Kabbage Asset Funding 2019-A LLC
$58.5 million deal, didn’t hesi- States Trustee for the District of Delaware, 844 King Street, Suite on or before the Effective Date related or relating to the forego- OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MAY HAVE (8973); and Kabbage Diameter, LLC (N/A).Kabbage is a trademark of
2207, Wilmington, DE 19801, Attn: Richard Schepacarter (richard. ing, except for Causes of Action arising from an act or omission MATERIALLY AFFECTED ITS SETTLEMENT WITH THE RELEASED American Express used under license; Kabbage,Inc.d/b/a KServicing
tate to let reigning Cy Young schepacarter@usdoj.gov) and Rosa Sierra-Fox (rosa.sierra-fox@ of a Released Party that is judicially determined in a Final Order PARTY, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE is not affiliated with American Express.The Debtors’mailing and ser-
usdoj.gov); and (d) counsel to any official committee appointed in to have constituted actual fraud, gross negligence, criminal mis- SECTION 1542. THE RELEASES CONTAINED IN SECTION 10 OF THE viceaddressis925BPeachtreeStreetNE,Suite383,Atlanta,GA30309.
Award winner Justin Verlander theseChapter11Cases. conduct or willful misconduct. The releases set forth in this para- PLAN ARE EFFECTIVE REGARDLESS OF WHETHER THOSE RELEASED 2 Capitalized terms used but not defined herein shall have the
9. IF ANY OBJECTION TO CONFIRMATION OF THE PLAN IS NOT graph shall not extend to any Claim or Cause of Action against any MATTERS ARE PRESENTLY KNOWN, UNKNOWN, SUSPECTED OR meanings ascribed to them in the Motion,Disclosure Statement or the
walk and re-upped outfielder FILED AND SERVED STRICTLY AS PRESCRIBED HEREIN,THE OBJECTING Debtor or Affiliate arising out of the American ExpressTransaction UNSUSPECTED,FORESEENORUNFORESEEN. Plan,asapplicable,orasthecontextotherwiserequires.
Michael Brantley.
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