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Court of Appeal File No: CA 43682 COURT OF APPEAL BETWEEN ALTAF NAZERALI Respondent (Plaintiff) AND: MARK MITCHELL, PATRICK BYRNE, DEEP CAPTURE LLC, Appellants (Defendants) “AND: HIGH PLAINS INVESTMENTS LLC., GODADDY.COM, INC., NOZONE, INC., dba STEADFAST NETWORKS, GOOGLE INC. and GOOGLE CANADA CORPORATION (Defendants) ORDER OF A JUSTICE BEFORE THE HONOURABLE MR. JUSTICE FITCH, J.A., IN CHAMBERS. Vancouver, British Columbia, February 9, 2017. THE APPLICATION OF the respondent filed February 1, 2017, coming on for hearing February 4. 2017 at Vancouver, British Columbia, AND ON HEARING Daniel W. Burnett, QC. for the respondent, Altaf Nazerali, and Alan McConehie for the Appellants, Mark Mitchell, Patrick Byme and Deep Capture LLC; AND ON READING the materials filed herein: AND ON JUDGMENT BEING PRONOUNCED ON THIS DATE; IT IS ORDERED that: 1, ‘The Appellants shall post security (“Trial Costs Security”) for the costs below in the amount of $214,769.59 by posting an irrevocable letter of credit in a form satisfactory to the Registrar; 2 The letter of credit shall be posted by February 28, 2017, with liberty for the Appellants to apply for an extension of time to post the Trial Costs Security; 3. Ifthe 1 respondent is granted liberty to apply to have the appeal dismissed as abandoned Jal Costs Security is not posted within the time ordered by this Court, the {006708571} 4, The Trial Costs Security may be ———=TF=ss— Security set the order of this court pronounced November 21, 2016; 5, BY CONSENT, paragraph 2 of the order of this Court “within 90 days of the date of 2016 is varied by replacing the words words “by February 28, 2017"; and 6. The appeal is stayed until ‘Trial Judgment Security are posted. APPROVED AS TO FORM: Daniel W. Burnett, Q.C. Counsel for the Respondent, Altaf Nazerali Counselforttie Appellants, Mark Mitchell, Patrick Byrne, Deep Capture LLC ENTERE FEB 09 2017 VANCOUVER REGISTRY | {006798573} posted by adding that amount to the letter of, forth in pronounced November 21, f this Order” with the 1 the Trial Costs Security, Appeal Costs Security and Court of Appeal