0001193125-06-177931 Sample Contracts

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

Warrant Agreement • August 23rd, 2006 • Marathon Acquisition Corp. • Blank checks • New York

• Contract Type
  Warrant Agreement
• Filed
  August 23rd, 2006
• Company
  Marathon Acquisition Corp.
• Industry
  Blank checks
• Jurisdiction
  New York

COMMON STOCK WARRANT AGREEMENT, dated as of , 2006 (as modified, amended or supplemented, this “Agreement”), between MARATHON ACQUISITION CORP., a Delaware corporation (the “Company”) and THE BANK OF NEW YORK, a New York trust company, as Warrant Agent (the “Warrant Agent”).