Exhibit 8. 3.3 of the Credit Agreement is hereby deleted in its entirety and in its stead is inserted the Exhibit 8.3.3 attached hereto.
Exhibit 8. 3.4 [Borrowing Base Certificate] of the Credit Agreement is hereby amended and restated in its entirety in the form attached hereto as Exhibit 8.3.4.
Exhibit 8. 3.1 a contains a complete list of the managing directors employed with the TARGET COMPANIES and the managerial staff directly subordinated to them giving their dates of employment, position and date of their respective employment agreements. Except as disclosed in Exhibit 8.3.1. b, there have not been in the last 12 months and there are no strikes at the TARGET COMPANIES. There are no pension or 401 (k) liabilities other than reserved for in the EDFS or those funded in pension fund for employees of Demag Mobile Cranes Ltd. (UK) or in a trust for employees of Demag Mobile Cranes Inc. (USA) as of the EFFECTIVE DATE.
Exhibit 8. A.13.1.1 lists all license agreements, with the exception of all general office software, under which the companies of the Ducros Group benefit from Intellectual Property Rights and all other instruments and/or documents relating to such licenses.
Exhibit 8. A.13.1.2 lists all license agreements under which the companies of the Ducros Group have licensed Intellectual Property Rights to third parties and all other instruments and/or documents relating to such licenses. Save as described in EXHIBIT 8.A.13.1.2, no other licenses have been granted by any company of the Ducros Group in respect of its Intellectual Property Rights.
Exhibit 8. 2.6(i) provides a list of all the Company’s existing elected managers and their respective employment methods. Exhibit 8.2.6(ii) provides a list of all variable compensation arrangements applicable to those managers (including profit-sharing payments or any other benefits). The employment of any manager by the Company can be unilaterally terminated by the Company in the Normal Course of Business after the Closing Date, with no penalty or liability incurred by the Company (except as regards those subject to the labor laws, in which case the Company will only be liable for the labor obligations set forth by law and will not be required to make any extraordinary payments other than those provided by law).
Exhibit 8. 2.10(c) provides a list of benefit and/or incentive and/or care plans or programs offered by the Company to its employees as of the date hereof.
Exhibit 8. 2.23 provides a list: (a) of the learning institutions held by the Company as subsidiaries; (b) of the courses offered by those subsidiaries, with indication of the documents from Governmental Authorities required for providing such courses; (c) of the accredited Centers used for providing distance learning courses, with indication of the documents from Governmental Authorities required for providing such courses; and (d) of the number of students enrolled in each of the courses as of the reference date March 31, 2021.
Exhibit 8. 1.6a) contains a complete and correct list of (i) all managing directors and (ii) all employees of the Movianto Companies whose gross remuneration exceeds EUR 100,000 per year (“Key Employees”). No Key Employee has given written notice of termination of his or her employment as per the signing of this Agreement. Neither the execution nor completion of this Agreement trigger any rights to any party to a contract of any Key Employee.
Exhibit 8. 1.6b) contains a list of all collective bargaining agreements and a list of all material works agreements (Betriebsvereinbarungen) to which the Movianto Companies are bound.
