Marathon Acquisition Corp. Contracts & Agreements

THIRD SUPPLEMENTAL WARRANT AGREEMENT (Filed With SEC on August 7, 2008)

THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER (Filed With SEC on July 24, 2008)

[The remainder of this page has been intentionally left blank.] (Filed With SEC on July 8, 2008)

AMENDMENT TO AGREEMENT AND PLAN OF MERGER (Filed With SEC on June 3, 2008)

[FORM OF WARRANT AGREEMENT] WARRANT AGREEMENT (Filed With SEC on August 23, 2006)

[FORM OF UNDERWRITING AGREEMENT] MARATHON ACQUISITION CORP. (Filed With SEC on August 11, 2006)

[FORM OF INSIDER LETTER AGREEMENT] August __, 2006 (Filed With SEC on August 8, 2006)

[FORM OF REGISTRATION RIGHTS AGREEMENT] (Filed With SEC on August 8, 2006)

[FORM OF TRUST ACCOUNT AGREEMENT] (Filed With SEC on August 8, 2006)

UNIT(S) CONSISTING OFONE SHARE OF COMMON STOCK AND ONE WARRANT, EACH TO PURCHASE ONE SHARE OF COMMON STOCK SEE REVERSE FOR CERTAIN DEFINITIONS (Filed With SEC on August 1, 2006)

[SPECIMEN STOCK CERTIFICATE] (Filed With SEC on August 1, 2006)

EXERCISABLE ONLY IF COUNTERSIGNED BY THE WARRANT (Filed With SEC on August 1, 2006)

[FORM OF WARRANT AGREEMENT] WARRANT AGREEMENT (Filed With SEC on August 1, 2006)

MARATHON ACQUISITION CORP. 623 5th Avenue, 26th Floor New York, N.Y. 10022 (Filed With SEC on August 1, 2006)

[FORM OF INDEMNIFICATION AGREEMENT] (Filed With SEC on August 1, 2006)

PROMISSORY NOTE (Filed With SEC on June 29, 2006)

MARATHON ACQUISITION CORP. FOUNDER UNIT (Filed With SEC on June 29, 2006)

MARATHON ACQUISITION CORP. FOUNDER WARRANT PURCHASE AGREEMENT (Filed With SEC on June 29, 2006)

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Marathon Acquisition Corp. Contracts & Agreements