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. For the purposes of this Agreement, Registrable Securities will cease to be Registrable Securities when (i) a Registration Statement covering such Registrable Securities has been declared effective under the Securities Act and they have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Securities are distributed to the public pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, (iii) 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 Company, when all Registrable Securities may be transferred by the Holders without registration pursuant to Rule 144 under the Securities Act without regard to the volume limitation or manner of sale limitations 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" but, with respect to any particular Registrable Security, only so long as it continues to be a Registrable Security. 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 Securities will Security shall cease to be a Registrable Securities Security when (i) a Registration Statement covering such Registrable Securities security has been declared effective effectively registered under the Securities Act and they have such security has been disposed of pursuant to such effective Registration Statementregistration statement, (ii) such Registrable Securities are distributed to the public pursuant to security is sold, or is capable of being sold, in reliance on Rule 144 (or any similar provision then in forceeffect) under the Securities Act, (iii) such Registrable Securities shall have security has been otherwise transferred, transferred and (a) the General Partner has delivered a new certificates for such Registrable Securities certificate or other evidence of ownership not bearing a the legend restricting further transfer shall have been delivered by set forth on the Company Shares upon the initial issuance thereof (or other legend of similar import) 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 (vib) in the written reasonable opinion of counsel to the CompanyGeneral Partner, when all Registrable Securities may be transferred by the Holders without subsequent disposition of such security would not require the registration pursuant to Rule 144 or qualification under the Securities Act without regard Act, or (iv) such security has ceased to the volume limitation or manner of sale limitations contained thereinbe outstanding.

Securities Subject to This Agreement. The securities entitled to the benefits of this Agreement are the Registrable SecuritiesSecurities but, with respect to any particular Registrable Security, only so long as such security continues to be a Registrable Security. For the purposes of this Agreement, A Registrable Securities will Security shall cease to be a Registrable Securities Security when (i) a Registration Statement covering such Registrable Securities it has been declared effective disposed of in a transaction registered under the Securities Act and they have been disposed of pursuant to such effective Registration StatementAct, (ii) such Registrable Securities are distributed to the public it has been sold pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, (iii) 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 an opinion of counsel to the CompanyCorporation (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, when all or an opinion of counsel to the holder of such Registrable Securities 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 transferred by publicly offered for sale in the Holders United States without restriction as to manner of sale and amount of securities sold and without registration pursuant to Rule 144 or other restriction under the Securities Act without regard 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 volume limitation or manner of sale limitations contained thereintransferee.

Securities Subject to This Agreement. The Registrable Securities are the sole securities entitled to the benefits of this Agreement are the Registrable SecuritiesAgreement. For the purposes of this Agreement, Registrable Securities will held by any Holder shall cease to be Registrable Securities when (iand 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 Securities has been declared effective under the Securities Act and they such Registrable Securities have been disposed of pursuant to such effective Registration Statement, (iib) such Registrable Securities are distributed to have been sold or transferred in accordance with the public pursuant to requirements of Rule 144 (or any similar provision then in force) under the Securities Act144, (iiic) such Registrable Securities shall have been otherwise transferredtransferred or disposed of, new certificates for such Registrable Securities therefor not bearing a legend restricting further transfer or disposition thereof shall have been delivered by the Company and and, at such time, subsequent transfer or disposition of such Registrable Securities securities shall not require registration or qualification of such securities under the Securities Act, (d) all Registrable Securities then owned by such Holder may be sold or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities Act or any state securities or blue sky law then in forceand the rules and regulations thereunder (assuming for this purpose that all outstanding Warrants are exercised on a cashless exercise basis), (ive) all Registrable Securities then owned by such Holder may be sold or transferred by such Holder within any three-month period in accordance with the Effective Period ends, requirements of Rule 144 (vassuming for this purpose that all outstanding Warrants are exercised on a cashless exercise basis) or (f) such Registrable Securities shall have ceased to be outstanding, or (vi) in the written opinion of counsel to the Company, when all Registrable Securities may be transferred by the Holders without registration pursuant to Rule 144 under the Securities Act without regard to the volume limitation or manner of sale limitations contained therein.”

Securities Subject to This Agreement. The Registrable Securities are the sole securities entitled to the benefits of this Agreement are the Registrable SecuritiesAgreement. For the purposes of this Agreement, and except as expressly provided in this Section 2, Registrable Securities will held by any Holder shall cease to be Registrable Securities when (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) a Registration Statement covering such Registrable Securities has been declared effective under the Securities Act and they such Registrable Securities have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Securities are distributed to have been sold or transferred in accordance with the public pursuant to requirements of Rule 144 (or any similar provision then in force) under the Securities Act144, (iii) such Registrable Securities shall have been otherwise transferredtransferred or disposed of, new certificates for such Registrable Securities therefor not bearing a legend restricting further transfer or disposition thereof shall have been delivered by the Company and and, at such time, subsequent transfer or disposition of such Registrable Securities securities shall not require registration or qualification of such securities under the Securities Act, (iv) unless such Holder is SCANA or an Affiliate of SCANA, all Registrable Securities then owned by such Holder may be sold or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities Act or any state securities or blue sky law then in force, (iv) and the Effective Period endsrules and regulations thereunder, (v) unless such Holder is SCANA or an Affiliate of SCANA, all Registrable Securities then owned by such Holder may be sold or transferred by such Holder within any three-month period in accordance with the requirements of Rule 144 or (vi) such Registrable Securities shall have ceased to be outstanding, or (vi) in the written opinion of counsel to the Company, when all Registrable Securities may be transferred by the Holders without registration pursuant to Rule 144 under the Securities Act without regard to the volume limitation or manner of sale limitations contained therein.”

Securities Subject to This Agreement. The Registrable Common Shares are the sole securities entitled to the benefits of this Agreement are the Registrable SecuritiesAgreement. For the purposes of this Agreement, Registrable Securities will Common Shares held by any Holder shall cease to be Registrable Securities when Common Shares (iand 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 Securities Common Shares has been declared effective under the Securities Act and they such Registrable Common Shares have been disposed of pursuant to such effective Registration Statement, (iib) such Registrable Securities are distributed to Common Shares have been sold or transferred in accordance with the public pursuant to requirements of Rule 144 (or any similar provision then in force) under the Securities ActRule 145, (iiic) such Registrable Securities shall Common Shares have been otherwise transferredtransferred or disposed of, new certificates for such Registrable Securities therefor not bearing a legend restricting further transfer or disposition thereof shall have been delivered by the Company and and, at such time, subsequent transfer or disposition of such Registrable Securities securities shall not require registration or qualification of such securities under the Securities Act, (d) all Registrable Securities Common Shares then owned by such Holder may be sold or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities Act or any state securities or blue sky law and the rules and regulations thereunder, provided that such Registrable Common Shares do not exceed 2% of the total number of shares of Common Stock then in forceoutstanding, (ive) all Registrable Common Shares then owned by such Holder may be sold or transferred by such Holder within any three-month period in accordance with the Effective Period ends, requirements of Rule 144 or Rule 145 or (vf) such Registrable Securities shall Common Shares have ceased to be outstanding, or (vi) in the written opinion of counsel to the Company, when all Registrable Securities may be transferred by the Holders without registration pursuant to Rule 144 under the Securities Act without regard to the volume limitation or manner of sale limitations contained therein.

Securities Subject to This Agreement. Section 2.1 The securities entitled to the benefits of this Agreement are the Registrable SecuritiesSecurities but, with respect to any particular Registrable Security, for only so long as such security continues to be a Registrable Security as provided below. For the purposes of this Agreement, A Registrable Securities will Security shall cease to be a Registrable Securities when Security (i) a Registration Statement covering such Registrable Securities when it has been declared effective disposed of in a transaction registered under the Securities Act and they have been disposed of pursuant to such effective Registration StatementAct, (ii) such Registrable Securities are distributed to the public when it has been sold pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, (iii) 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 an opinion of counsel to the 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 Company), shall have been delivered to the Company, when all in either case to the effect that such Registrable Securities Security may be transferred by publicly offered for sale in the Holders United States without restriction as to manner of sale and amount of securities sold and without registration pursuant to Rule 144 or other restriction under the Securities Act without regard Act, and the Company shall have delivered replacement certificates for such securities that do not bear any restrictive legend; provided, however, that, prior to the volume limitation 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 manner transferred in a private transaction in which the transferor’s rights under this Agreement are not assigned to the transferee as specified in Section 9.4 or (v) following a notice of sale limitations contained thereinredemption 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 securities entitled to the benefits of this Agreement are the Registrable SecuritiesSecurities but, with respect to any particular Registrable Security, only so long as such security continues to be a Registrable Security. For the purposes of this Agreement, A Registrable Securities will Security shall cease to be a Registrable Securities Security when (i) a Registration Statement covering such Registrable Securities it has been declared effective disposed of in a transaction registered under the Securities Act and they have been disposed of pursuant to such effective Registration StatementAct, (ii) such Registrable Securities are distributed to the public it has been sold pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, (iii) 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 an opinion of counsel to the CompanyCorporation (the form and scope of which shall be reasonably satisfactory to the holder of such Registrable Security) shall have been delivered to such holder, when all or an opinion of counsel to the holder of such Registrable Securities 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 transferred by publicly offered for sale in the Holders United States without restriction as to manner of sale and amount of securities sold and without registration pursuant to Rule 144 or other restriction under the Securities Act without regard 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 volume limitation or manner of sale limitations contained thereintransferee.

Securities Subject to This Agreement. The Registrable Shares are the sole securities entitled to the benefits of this Agreement are the Registrable SecuritiesAgreement. For the purposes of this Agreement, Registrable Securities will Shares held by any Holder shall cease to be Registrable Securities 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) a Registration Statement covering such Registrable Securities Shares has been declared effective under the Securities Act and they such Registrable Shares have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Securities are distributed to Shares have been sold or transferred in accordance with the public pursuant to requirements of Rule 144 (or any similar provision then in force) under the Securities Act144, (iii) such Registrable Securities shall have been otherwise transferredShares are eligible for resale by the Holders under Rule 144 without volume or manner-of-sale restrictions or public information requirements, new as determined by ESAB in its discretion after consultation with Company counsel, and certificates for such Registrable Securities (or book-entry notation) therefor not bearing a legend restricting further transfer or disposition thereof shall have been delivered by the Company and Company, (iv) such Registrable Shares have been otherwise transferred or disposed of, and, at such time, subsequent transfer or disposition of such Registrable Securities securities shall not require registration or qualification of such Registrable Securities securities under the Securities Act Act, or any state securities or blue sky law then in force, (iv) the Effective Period ends, (v) such Registrable Securities shall Shares have ceased to be outstanding, or (vi) in the written opinion of counsel to the Company, when all Registrable Securities may be transferred by the Holders without registration pursuant to Rule 144 under the Securities Act without regard to the volume limitation or manner of sale limitations contained therein.

Securities Subject to This Agreement. The Registrable Securities are the sole securities entitled to the benefits of this Agreement are the Registrable SecuritiesAgreement. For the purposes of this Agreement, Registrable Securities will held by any Holder shall cease to be Registrable Securities when (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) a Registration Statement covering such Registrable Securities has been declared effective under the Securities Act and they such Registrable Securities have been disposed of pursuant to such effective Registration Statement, (ii) such Registrable Securities are distributed to have been sold or transferred in accordance with the public pursuant to requirements of Rule 144 (or any similar provision then in force) under the Securities Act144, (iii) such Registrable Securities shall have been otherwise transferredtransferred or disposed of, new certificates for such Registrable Securities therefor not bearing a legend restricting further transfer or disposition thereof shall have been delivered by the Company and and, at such time, subsequent transfer or disposition of such Registrable Securities securities shall not require registration or qualification of such securities under the Securities Act, (iv) all such Registrable Securities may be sold or transferred by such Holder without holding period, volume or manner of offering limitations under the Securities Act or any state securities or blue sky law then in force, (iv) and the Effective Period endsrules and regulations thereunder, (v) all such Registrable Securities shall may be sold or transferred by such Holder within any three-month period in accordance with the requirements of Rule 144 or (vi) such Registrable Securities have ceased to be outstanding, or (vi) in the written opinion of counsel to the Company, when all Registrable Securities may be transferred by the Holders without registration pursuant to Rule 144 under the Securities Act without regard to the volume limitation or manner of sale limitations contained therein.