Case KG Doc 2109 Filed 01/27/17 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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1 Case KG Doc 2109 Filed 01/27/17 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT In re: FAH LIQUIDATING CORP. (f/k/a FISKER AUTOMOTIVE HOLDINGS, INC.), et al., ' Chapter 11 Case No (KG) Jointly Administered IN THE UNITED STATES DISTRICT COURT In re: FAH LIQUIDATING CORP., et al., Bankruptcy Case No (KG) BAP No Emerald Capital Advisors Corp., in its capacity as Liquidating Trustee of the FAH Liquidating Trust Appellant, V. Hunse Investments L.P., Sandor Master Capital Fund, John S. Lemak IRA Rollover, Atlas Capital Management, L.P., Southwell Partners, LP, Dane C. Andreef, Pinnacle Family Office Investments, L.P., SAML Partners, and Brian C. Smith Civil Action No, 17-cv GMS Appellants. DESIGNATION OF THE RECORD ON APPEAL AND STATEMENT OF ISSUE TO BE PRESENTED The Debtors, together with the last four digits of each Debtor's federal tax identification number, are FAH Liquidating Corp. (Vida Fisker Automotive Holdings, Inc.) (9678) and FA Liquidating Corp. (Vida Fisker Automotive, Inc.) (9075). The service address for the Debtors is 3080 Airway Avenue, Costa Mesa, California

2 Case KG Doc 2109 Filed 01/27/17 Page 2 of 3 Emerald Capital Advisors Corp., in its capacity as Liquidating Trustee of the FAH Liquidating Trust, designates the following items to be included in the record on appeal and makes the following statement of the issue to be presented: Record on Appeal 1. Debtors' Third Omnibus Objection to Certain Proofs of Claim (Equity Claims and Reclassification Claims) (Substantive) [D.I. 936]; 2. Debtors' Second Amended Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code (with Technical Modifications) [D.I. 1059]; 3. Order Confirming Debtors' Second Amended Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code (with Technical Modifications) [D.I. 1137]; 4. Fifth Omnibus Objection to Certain Proofs of Claim (Amended and Superseded Claims, Wrong Debtor Claim, Duplicate Claims, Late Filed Claims, and Equity Claims) (Non- Substantive) [D.I. 1249]; 5. Plaintiffs' Response to Debtors' Third Omnibus Objection to Certain Proofs of Claim (Equity Claims and Reclassification Claims) (Substantive) [D.I. 1912]; 6. Reply of Liquidating Trustee (I) in Response to Plaintiffs' Response to Debtors' Third Omnibus Objection to Certain Proofs of Claim (Equity Claims and Reclassification Claims) (Substantive) and (II) in Further Support of Debtors' Third and the Liquidating Trustee's Fifth Omnibus Objections with Respect to the Direct Purchaser Proofs of Claim and Membership Unit Purchaser Proofs of Claim Filed by the Securities Plaintiffs [DJ. 1977]; 7. Plaintiffs' Sur-Reply to Debtors' Third Omnibus Objection to Certain Proofs of Claim (Equity Claims and Reclassification Claims) (Substantive) [D.I. 2040]; 8. Transcript [D.I. 2087]; 9. Opinion [D.I. 2093]; 10. Order [D.I. 2094]; and 11. Notice of Appeal [D.I. 2096]. Statement of Issue to Be Presented Did the Bankruptcy Court err in finding that the claims of the Appellees at issue in this appeal which are "claim[s]... for damages arising from the purchase of sale of' securities 2

3 Case KG Doc 2109 Filed 01/27/17 Page 3 of 3 either "of the debtor or of an affiliate of the debtor," 11 U.S.C. 510(b) are not subject to mandatory subordination under the Bankruptcy Code? Dated: January 27, 2017 Respectfully submitted, SAUL EWING LLP Mark Minuti (DE Bar No. 2659) 1201 North Market Street, Suite 2300 P.O. Box 1266 Wilmington, Delaware (302) and - BROWN RUDNICK LLP William R. Baldiga (admitted pro hac vice) Seven Times Square New York, New York (212) Sunni P. Beville (admitted pro hac vice) Brian T. Rice (admitted pro hac vice) One Financial Center Boston, Massachusetts (617) Co-Counsel for Emerald Capital Advisors Corp., in its capacity as Liquidating Trustee of the FAH Liquidating Trust 3

4 Case KG Doc Filed 01/27/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT In re: FAH LIQUIDATING CORP. (f/k/a FISKER AUTOMOTIVE HOLDINGS, INC.), et al., Chapter 11 Case No (KG) Jointly Administered IN THE UNITED STATES DISTRICT COURT In re: FAH LIQUIDATING CORP., et al., Bankruptcy Case No (KG) BAP No Emerald Capital Advisors Corp., in its capacity as Liquidating Trustee of the FAH Liquidating Trust Appellant, V. Hunse Investments L.P., Sandor Master Capital Fund, John S. Lemak IRA Rollover, Atlas Capital Management, L.P., Southwell Partners, LP, Dane C. Andreef, Pinnacle Family Office Investments, L.P., SAML Partners, and Brian C. Smith Civil Action No. 17-cv GMS Appellants. CERTIFICATE OF SERVICE I, Mark Minuti, hereby certify that on January 27, 2017, I caused a copy of the Designation of the Record on Appeal and Statement of Issue to be Presented to be served on the below parties in the manner set forth therein /

5 Case KG Doc Filed 01/27/17 Page 2 of 2 Norman M. Monhait, Esquire Rosenthal, Monhait & Goddess, PA 919 Market Street, Suite 1401 Citizens Bank Center P.O. Box 1070 Wilmington, DE Via Hand Delivery Michael S. Etkin, Esquire Lowenstein Sandler LLP 65 Livingston Avenue Roseland, NJ Via First Class Mail SAUL EWING LLP ark Minuti (DE Bar No. 2659) 1201 North Market Street, Suite 2300 P. 0. Box 1266 Wilmington, DE (302) Dated: January 27,