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These excerpts taken from the MRO 10-Q filed Nov 7, 2007. AND
WHEREAS the parties hereto desire to make appropriate
provision and to establish a procedure whereby Marathon and CallCo will take
certain actions and make certain payments and deliveries necessary to ensure
that AcquisitionCo will be able to make certain payments and to deliver or
cause to be delivered Marathon Shares in satisfaction of the obligations of
AcquisitionCo under the Share Provisions with respect to the payment and
satisfaction of dividends, Liquidation Amounts, Retraction Prices and
Redemption Prices, all in accordance with the Share Provisions;
AND
WHEREAS the parties hereto have agreed to enter into this
Agreement in order to give effect to those exchange rights and voting rights to
be created for the benefit of holders of Exchangeable Shares;
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