Marathon Acquisition Corp. – Indentures – BamSEC

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from 8-K 4 pages Third Supplemental Warrant Agreement

from 425 4 pages Third Supplemental Warrant Agreement

from 425 4 pages Second Supplemental Warrant Agreement

from 8-K 4 pages Second Supplemental Warrant Agreement

from 425 3 pages First Supplemental Warrant Agreement

from 8-K 3 pages First Supplemental Warrant Agreement

from 8-K 2 pages First Supplemental Founder Warrant Purchase Agreement

from 425 2 pages First Supplemental Founder Warrant Purchase Agreement

from S-1/A 22 pages [Form of Warrant Agreement] Warrant Agreement Common Stock Warrant Agreement Dated as of , 2006 Between Marathon Acquisition Corp. and the Bank of New York, as Warrant Agent Common Stock Warrants Expiring , 2010

from S-1/A 15 pages Common Stock Warrant Agreement

from S-1/A 6 pages Void After 5:00 P.M., New York Time, on , 2010, or Upon Earlier Redemption

from S-1/A 3 pages See Reverse for Certain Definitions

from S-1/A 2 pages [Specimen Unit Certificate] No. Marathon Acquisition Corp. Unit (S) Cusip No. Incorporated Under the Laws of the State of Delaware Unit(s) Consisting of One Share of Common Stock and One Warrant, Each to Purchase One Share of Common Stock See Reverse for Certain Definitions