NOTICE OF APPEAL Nantahala Capital Partners, LP, Blackwell Capital Partners, LLC, Axicon Partners LLC, Brennus Fund Limited, Costa Brava Partnership III, LLP, and Sonterra Capital Master Fund, Ltd. (collectively, the “Claimants”), for themselves and as class representatives of the Dime Litigation Tracking Warrants, by its undersigned counsel, hereby appeals to the United States 2 District Court for the District of Delaware from the Opinion and Order of the United States Bankruptcy Court for the District of Delaware dated January 3, 2012 (Dkt. Nos. 312 and 313).