Common use of Securities Subject to This Agreement Clause in Contracts

Securities Subject to This Agreement. The securities entitled to the benefits of this Agreement are the Registrable Securities but, with respect to any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security shall cease to be a Registrable Security when (i) it has been disposed of in a transaction registered under the Securities Act, (ii) it has been sold pursuant to Rule 144 under the Securities Act, (iii) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred in a private transaction in which the transferor's rights under this Agreement are not assigned to the transferee.

Securities Subject to This Agreement. The securities entitled to the benefits of this Agreement are the Registrable Securities. For the purposes of this Agreement, Registrable Securities but, with respect to any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security shall will cease to be a Registrable Security Securities when (i) it a Registration Statement covering such Registrable Securities has been declared effective under the Securities Act and they have been disposed of in a transaction registered under the Securities Actpursuant to such effective Registration Statement, (ii) it has been sold such Registrable Securities are distributed to the public pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, (iii) an such Registrable Securities shall have been otherwise transferred, new certificates for such Registrable Securities not bearing a legend restricting further transfer shall have been delivered by the Company and subsequent disposition of such Registrable Securities shall not require registration or qualification of such Registrable Securities under the Securities Act or any state securities or blue sky law then in force, (iv) the Effective Period ends, (v) such Registrable Securities shall have ceased to be outstanding, or (vi) in the written opinion of counsel to the Corporation (Company, when all Registrable Securities may be transferred by the form and scope of which shall be reasonably satisfactory Holders without registration pursuant to Rule 144 under the Securities Act without regard to the holder of such Registrable Security) shall have been delivered to such holder, volume limitation or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred in a private transaction in which the transferor's rights under this Agreement are not assigned to the transfereelimitations contained therein.

Securities Subject to This Agreement. The securities entitled to the benefits of this Agreement are the Shares issued by the General Partner to the Rights Holders upon conversion (pursuant to Article XI of the Partnership Agreement) of Partnership Units held by such Rights Holders, and any other securities issued by the General Partner in exchange for any of such Shares (collectively, the "Registrable Securities Securities" but, with respect to any particular Registrable Security, only so long as such security it continues to be a Registrable Security. A Registrable Securities shall include any securities issued as a dividend or distribution on account of Registrable Securities or resulting from a subdivision of the outstanding shares of Registrable Securities into a greater number of shares (by reclassification, stock split or otherwise). For the purposes of this Agreement, a security that was at one time a Registrable Security shall cease to be a Registrable Security when (i) it such security has been effectively registered under the Securities Act and such security has been disposed of in a transaction registered under the Securities Actpursuant to such registration statement, (ii) it has been sold pursuant to such security is sold, or is capable of being sold, in reliance on Rule 144 (or any similar provision then in effect) under the Securities Act, (iii) an such security has been otherwise transferred and (a) the General Partner has delivered a new certificate or other evidence of ownership not bearing the legend set forth on the Shares upon the initial issuance thereof (or other legend of similar import) and (b) in the reasonable opinion of counsel to the Corporation (General Partner, the form and scope of which shall be reasonably satisfactory to the holder subsequent disposition of such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to security would not require the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction qualification under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it such security has been sold or transferred in a private transaction in which the transferor's rights under this Agreement are not assigned ceased to the transfereebe outstanding.

Securities Subject to This Agreement. The Registrable Shares are the sole securities entitled to the benefits of this Agreement are Agreement. For the purposes of this Agreement, Registrable Securities but, with respect to Shares held by any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security Holder shall cease to be a Registrable Security when Shares (and such Holder shall cease to have any registration rights with respect to such securities under this Agreement) on the date and to the extent that (i) it a Registration Statement covering such Registrable Shares has been declared effective under the Securities Act and such Registrable Shares have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Shares have been sold or transferred in accordance with the requirements of Rule 144, (iii) such Registrable Shares are eligible for resale by the Holders under Rule 144 without volume or manner-of-sale restrictions or public information requirements, as determined by ESAB in its discretion after consultation with Company counsel, and certificates (or book-entry notation) therefor not bearing a transaction registered legend restricting further transfer or disposition thereof shall have been delivered by the Company, (iv) such Registrable Shares have been otherwise transferred or disposed of, and, at such time, subsequent transfer or disposition of such securities shall not require registration of such securities under the Securities Act, (ii) it has been sold pursuant to Rule 144 under the Securities Act, (iii) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred in a private transaction in which the transferor's rights under this Agreement are not assigned such Registrable Shares have ceased to the transfereebe outstanding.

Securities Subject to This Agreement. The Registrable Securities are the sole securities entitled to the benefits of this Agreement are Agreement. For the purposes of this Agreement, Registrable Securities but, with respect to held by any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security Holder shall cease to be a Registrable Security when Securities (and such Holder shall cease to have any registration rights with respect to such securities under this Agreement) on the date and to the extent that (i) it a Registration Statement covering such Registrable Securities has been declared effective under the Securities Act and such Registrable Securities have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Securities have been sold or transferred in accordance with the requirements of Rule 144, (iii) such Registrable Securities have been otherwise transferred or disposed of, certificates therefor not bearing a transaction registered legend restricting further transfer or disposition thereof shall have been delivered by the Company and, at such time, subsequent transfer or disposition of such securities shall not require registration of such securities under the Securities Act, (iiiv) it has been all such Registrable Securities may be sold pursuant to Rule 144 or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities ActAct and the rules and regulations thereunder, (iiiv) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of all such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security Securities may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred by such Holder within any three-month period in a private transaction in which accordance with the transferor's rights under this Agreement are not assigned requirements of Rule 144 or (vi) such Registrable Securities have ceased to the transfereebe outstanding.

Securities Subject to This Agreement. The Registrable Securities are the sole securities entitled to the benefits of this Agreement are Agreement. For the purposes of this Agreement, and except as expressly provided in this Section 2, Registrable Securities but, with respect to held by any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security Holder shall cease to be a Registrable Security when Securities (and such Holder shall cease to have any registration rights with respect to such securities under this Agreement) on the date and to the extent that (i) it a Registration Statement covering such Registrable Securities has been declared effective under the Securities Act and such Registrable Securities have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Securities have been sold or transferred in accordance with the requirements of Rule 144, (iii) such Registrable Securities have been otherwise transferred or disposed of, certificates therefor not bearing a transaction registered legend restricting further transfer or disposition thereof shall have been delivered by the Company and, at such time, subsequent transfer or disposition of such securities shall not require registration of such securities under the Securities Act, (iiiv) it has been unless such Holder is SCANA or an Affiliate of SCANA, all Registrable Securities then owned by such Holder may be sold pursuant to Rule 144 or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities ActAct and the rules and regulations thereunder, (iiiv) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of unless such Registrable Security) shall have been delivered to such holder, Holder is SCANA or an opinion Affiliate of counsel to the holder of SCANA, all Registrable Securities then owned by such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security Holder may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred by such Holder within any three-month period in a private transaction in which accordance with the transferor's rights under this Agreement are not assigned requirements of Rule 144 or (vi) such Registrable Securities have ceased to the transfereebe outstanding.”

Securities Subject to This Agreement. The securities entitled to the benefits of this Agreement are the Registrable Securities but, with respect to any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security shall cease to be a Registrable Security when (i) it has been disposed of in a transaction registered under the Securities Act, (ii) it has been sold pursuant to Rule 144 under the Securities Act, (iii) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred in a private transaction in which the transferor's ’s rights under this Agreement are not assigned to the transferee.

Securities Subject to This Agreement. The Registrable Securities are the sole securities entitled to the benefits of this Agreement are Agreement. For the purposes of this Agreement, Registrable Securities but, with respect to held by any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security Holder shall cease to be Registrable Securities (and such Holder shall cease to have any registration rights with respect to such securities under this Agreement) on the date and to the extent that (a) a Registration Statement covering such Registrable Security when (i) it Securities has been declared effective under the Securities Act and such Registrable Securities have been disposed of pursuant to such effective Registration Statement, (b) such Registrable Securities have been sold or transferred in accordance with the requirements of Rule 144, (c) such Registrable Securities have been otherwise transferred or disposed of, certificates therefor not bearing a transaction registered legend restricting further transfer or disposition thereof shall have been delivered by the Company and, at such time, subsequent transfer or disposition of such securities shall not require registration of such securities under the Securities Act, (iid) it has been all Registrable Securities then owned by such Holder may be sold pursuant to Rule 144 or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities ActAct and the rules and regulations thereunder (assuming for this purpose that all outstanding Warrants are exercised on a cashless exercise basis), (iiie) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of all Registrable Securities then owned by such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect that such Registrable Security Holder may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred by such Holder within any three-month period in accordance with the requirements of Rule 144 (assuming for this purpose that all outstanding Warrants are exercised on a private transaction in which the transferor's rights under this Agreement are not assigned cashless exercise basis) or (f) such Registrable Securities have ceased to the transfereebe outstanding.”

Securities Subject to This Agreement. Section 2.1 The securities entitled to the benefits of this Agreement are the Registrable Securities but, with respect to any particular Registrable Security, for only so long as such security continues to be a Registrable SecuritySecurity as provided below. A Registrable Security shall cease to be a Registrable Security when (i) when it has been disposed of in a transaction registered under the Securities Act, (ii) when it has been sold pursuant to Rule 144 under the Securities Act, (iii) an opinion of counsel to the Corporation Company (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the CorporationCompany), shall have been delivered to the CorporationCompany, in either case to the effect that such Registrable Security may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation Company shall have offered to deliver delivered replacement certificates for such securities that do not bear any restrictive legend; provided, or however, that, prior to the date that is one year after the date of this Agreement, a Registrable Security shall in no event be deemed to have ceased to be a Registrable Security pursuant to this clause (iii), (iv) it has been sold or transferred in a private transaction in which the transferor's ’s rights under this Agreement are not assigned to the transfereetransferee as specified in Section 9.4 or (v) following a notice of redemption issued pursuant to Section 4.02 of the Indenture, unless and until such notice is canceled by the Company pursuant to the terms of Section 4.02 of the Indenture.

Securities Subject to This Agreement. The Registrable Common Shares are the sole securities entitled to the benefits of this Agreement are Agreement. For the purposes of this Agreement, Registrable Securities but, with respect to Common Shares held by any particular Registrable Security, only so long as such security continues to be a Registrable Security. A Registrable Security Holder shall cease to be Registrable Common Shares (and such Holder shall cease to have any registration rights with respect to such securities under this Agreement) on the date and to the extent that (a) a Registration Statement covering such Registrable Security when (i) it Common Shares has been declared effective under the Securities Act and such Registrable Common Shares have been disposed of pursuant to such effective Registration Statement, (b) such Registrable Common Shares have been sold or transferred in accordance with the requirements of Rule 144 or Rule 145, (c) such Registrable Common Shares have been otherwise transferred or disposed of, certificates therefor not bearing a transaction registered legend restricting further transfer or disposition thereof shall have been delivered by the Company and, at such time, subsequent transfer or disposition of such securities shall not require registration of such securities under the Securities Act, (iid) it has been all Registrable Common Shares then owned by such Holder may be sold pursuant to Rule 144 or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities ActAct and the rules and regulations thereunder, (iii) an opinion of counsel to the Corporation (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, or an opinion of counsel to the holder of such Registrable Security (the form and scope of which shall be reasonably satisfactory to the Corporation), shall have been delivered to the Corporation, in either case to the effect provided that such Registrable Security Common Shares do not exceed 2% of the total number of shares of Common Stock then outstanding, (e) all Registrable Common Shares then owned by such Holder may be publicly offered for sale in the United States without restriction as to manner of sale and amount of securities sold and without registration or other restriction under the Securities Act, and the Corporation shall have offered to deliver replacement certificates for such securities that do not bear any restrictive legend, or (iv) it has been sold or transferred by such Holder within any three-month period in a private transaction in which accordance with the transferor's rights under this Agreement are not assigned requirements of Rule 144 or Rule 145 or (f) such Registrable Common Shares have ceased to the transfereebe outstanding.