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Exhibit
Nos.
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Description
of Exhibit
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2.1
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Agreement
and Plan of Merger, dated as of May 26, 2006, among the Company, Energy
Venture and EVI Acquisition Corp. (incorporated herein by reference to
Exhibit 2.1 of the Company's Form 8-K report, filed June 2,
2006).
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3.1
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Articles
of Incorporation of the Company (incorporated herein by reference to
Exhibit 3.1 to the Company's Registration Statement on Form SB-2, filed
December 8, 2004).
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3.2
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By-Laws
of the Company (incorporated herein by reference to Exhibit 3.2 of
Company's Registration Statement on Form SB-2, filed December 8,
2004).
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4.1
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Form
of 10% Convertible Promissory Note, issued by Energy Venture (and assumed
by the Company ) in March 2005 (incorporated herein by reference to
Exhibit 4.1 of the Company's Form 8-K report, filed June 2,
2006).
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4.2
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Certificate
of Designation, dated May 15, 2008, with respect to Series A Preferred
Stock (incorporated herein by reference to Exhibit 99.1 to the Company’s
Form 8-K report, filed May 21, 2008).
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4.3
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Certificate
of Designation, dated May 15, 2008, with respect to Series B Preferred
Stock (incorporated herein by reference to Exhibit 99.2 to the Company’s
Form 8-K report, filed May 21, 2008).
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4.4
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Certificate
of Designation, dated August 19, 2008, with respect to Series C Preferred
Stock (incorporated herein by reference to Exhibit 99.1 to the Company’s
Form 8-K report, filed August 21, 2008).
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4.4
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Form
of Registration Rights Agreement, dated May 21, 2008, among the Company
and the purchasers named therein (incorporated herein by reference to
Exhibit 99.10 to the Company’s Form 8-K report, filed May 23,
2008).
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10.1
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2004
Non-Statutory Stock Option Plan of the Company (incorporated herein by
reference to Exhibit 10.1 to the Company's Registration Statement on Form
SB-2, filed December 8, 2004).
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10.2
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Stock
Purchase Agreement dated as of April 3, 2006 among Energy Venture, as
buyer, and the named selling stockholders of the Company (incorporated
herein by reference to Exhibit 10.1 of the Company's Form 8-K report,
filed April 28, 2006).
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10.2.2
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Amendment
to Stock Purchase Agreement dated April 28, 2006 among Energy Venture and
each of the named selling stockholders of the Company (incorporated herein
by reference to Exhibit 10.2 of the Company's Form 8-K report, filed April
28, 2006).
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10.3
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Form
of Stock Option Agreement issued by Energy Venture (and assumed by the
Company) to the Optionees (incorporated herein by reference to Exhibit
10.4 of the Company's Annual Report on Form 10-KSB, filed September 28,
2006).
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10.4
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Form
of Agreement between the Company and the holders of the Company's 10%
Convertible Promissory Note (incorporated herein by reference to Exhibit
10.5 of the Company’s Annual Report on Form 10-KSB, filed September 27,
2007).
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10.5
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Stock
Purchase and Sale Agreement, dated May 22, 2008, among the Company,
Voyager Gas Holdings, L.P. and Voyager Gas Corporation (incorporated
herein by reference to Exhibit 99.1 to the Company’s Form 8-K report,
filed May 23, 2008).
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10.6
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Form
of Exchange Agreement between the Company and the 12% Note holders, with
respect to Series A Preferred (incorporated herein by reference to Exhibit
99.2 to the Company’s Form 8-K report, filed May 23,
2008).
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10.7
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Form
of Exchange Agreement between the Company and the 10% Note holder, with
respect to Series B Preferred (incorporated herein by reference to Exhibit
99.3 to the Company’s Form 8-K report, filed May 23,
2008).
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10.8
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Form
of Securities Purchase Agreement, dated May 21, 2008, among the Company
and the purchasers named therein (the "Purchasers") (incorporated herein
by reference to Exhibit 99.4 to the Company’s Form 8-K report, filed May
23, 2008).
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10.9
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Form
of Senior Secured Convertible Debenture due September 29, 2008, from the
Company to the Purchasers (incorporated herein by reference to Exhibit
99.5 to the Company’s Form 8-K report, filed May 23,
2008).
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10.10
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Form
of Common Stock Purchase Warrant, dated May 21, 2008, from the Company to
the Purchasers (incorporated herein by reference to Exhibit 99.6 to the
Company’s Form 8-K report, filed May 23, 2008).
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10.11
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Form
of Security Agreement, dated May 21, 2008, among the Company, Energy
Venture, Inc. and the Purchasers (incorporated herein by reference to
Exhibit 99.7 to the Company’s Form 8-K report, filed May 23,
2008).
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10.12
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Form
of Subsidiary Guarantee, dated May 21, 2008, by Energy Venture, Inc. for
the benefit of the Purchasers (incorporated herein by reference to Exhibit
99.8 to the Company’s Form 8-K report, filed May 23,
2008).
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10.13
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Form
of Security and Pledge Agreement, dated May 21, 2008, among the Company,
each of Alan Gaines, Brent Gaines, Derek Gaines and Ilana Gaines, as
Pledgors, and the Purchasers (incorporated herein by reference to Exhibit
99.9 to the Company’s Form 8-K report, filed May 23,
2008).
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10.14
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Employment
Agreement, dated May 22, 2008, between the Company and Robert P. Munn
(incorporated herein by reference to Exhibit 99.11 to the Company’s Form
8-K report, filed May 23, 2008).
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10.15
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Employment
Agreement, dated May 22, 2008, between the Company and Carl A. Chase
(incorporated herein by reference to Exhibit 99.12 to the Company’s Form
8-K report, filed May 23, 2008).
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10.16
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Restricted
Stock Agreement, dated May 22, 2008, between the Company and Robert P.
Munn (incorporated herein by reference to Exhibit 99.13 to the Company’s
Form 8-K report, filed May 23, 2008).
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10.17
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Restricted
Stock Agreement, dated May 22, 2008, between the Company and Carl A. Chase
(incorporated herein by reference to Exhibit 99.14 to the Company’s Form
8-K report, filed May 23, 2008).
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10.18
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Stock
Option Agreement, dated May 22, 2008, between the Company and Robert P.
Munn (incorporated herein by reference to Exhibit 99.15 to the Company’s
Form 8-K report, filed May 23, 2008).
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10.19
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Stock
Option Agreement, dated May 22, 2008, between the Company and Robert P.
Munn (incorporated herein by reference to Exhibit 99.16 to the Company’s
Form 8-K report, filed May 23, 2008).
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10.20
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Stock
Option Agreement, dated May 22, 2008, between the Company and Robert P.
Munn (incorporated herein by reference to Exhibit 99.17 to the Company’s
Form 8-K report, filed May 23, 2008).
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10.21
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Stock
Option Agreement, dated May 22, 2008, between the Company and Carl A.
Chase (incorporated herein by reference to Exhibit 99.18 to the Company’s
Form 8-K report, filed May 23, 2008).
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10.22
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Stock
Option Agreement, dated May 22, 2008, between the Company and Carl A.
Chase (incorporated herein by reference to Exhibit 99.19 to the Company’s
Form 8-K report, filed May 23, 2008).
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10.23
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Stock
Option Agreement, dated May 22, 2008, between the Company and Carl A.
Chase (incorporated herein by reference to Exhibit 99.20 to the Company’s
Form 8-K report, filed May 23, 2008).
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31.1*
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Certification
of Chief Executive Officer required by Rule 13a-14(a) under the Exchange
Act.
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31.2*
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Certification
of Chief Financial Officer required by Rule 13a-14(a) under the Exchange
Act.
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32.1
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Certification
of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as
adopted
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32.2
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Certification
of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as
adopted
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