Common use of Aggregation of Registrable Securities Clause in Contracts

Aggregation of Registrable Securities. All Registrable Securities held or acquired by Persons who are Affiliates of one another shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. In addition, all Registrable Securities held or acquired by (i) Fiduciary/Claymore MLP Opportunity Fund and its Affiliates, FAMCO MLP Partners, LLC, Series ABP-1 and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement, (ii) Third Point Partners Qualified LP and its Affiliates, Third Point Partners LP and its Affiliates, Third Point Offshore Fund, Ltd. and its Affiliates, Third Point Ultra Ltd. and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement, and (iii) Xxxxxx X Xxxxxxx Associates and its Affiliates, MEDDS III and its Affiliates, PH Industries, Inc. Money Purchase Plan and its Affiliates, Xxxxxxx Value Partners and its Affiliates, Xxxxxx Xxxxxxx FBO Xxxxxxx Xxxxxxxxx Xxxx XXX and its Affiliates, Xxxxxx Xxxxxxx FBO XxXxx Xxxxxx XXX and its Affiliates, and Xxxxxx Xxxxxxx FBO XxXxx Xxxxxx Xxxx XXX and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement.”

Aggregation of Registrable Securities. All Registrable Securities held or acquired by Persons who are Affiliates of one another shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. In addition, all Registrable Securities held or acquired by (i) Fiduciary/Claymore MLP Opportunity Fund and its Affiliates, FAMCO MLP Partners, LLC, Series ABP-1 and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement, (ii) Energy Income and Growth Fund and its Affiliates, Third Point Partners Qualified LP and its Affiliates, Third Point Partners LP and its Affiliates, Third Point Offshore Fund, Ltd. and its Affiliates, Third Point Ultra Ltd. and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement, and (iii) Xxxxxx X Xxxxxxx Associates and its Affiliates, MEDDS III and its Affiliates, PH Industries, Inc. Money Purchase Plan and its Affiliates, Xxxxxxx Value Partners and its Affiliates, Xxxxxx Xxxxxxx FBO Xxxxxxx Xxxxxxxxx Xxxx XXX and its Affiliates, Xxxxxx Xxxxxxx FBO XxXxx Xxxxxx XXX and its Affiliates, and Xxxxxx Xxxxxxx FBO XxXxx Xxxxxx Xxxx XXX and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement.”