definiens: means each as defined inSection 3(3 ) of ERISA ( whether or not subject to ERISA ) and each other plan, policy, program, practice, agreement, understanding or arrangement ( whether written or oral ) providing compensation or other benefits to any current orformer director, officer, employee or consultant ( or to any dependent or beneficiary thereof ) of the Company or anyERISA Affiliate ( as defined below ), which is now, or was within the past six years, maintained, sponsored or contributedto by the Company or any ERISA Affiliate, or under which the Company or any ERISA Affiliate has or may have anyobligation or liability, whether actual or contingent, including all incentive, bonus, deferred compensation, vacation, holiday, cafeteria, medical, disability, stock purchase, stock option, stock appreciation, phantom stock, restricted stock orother stock - based compensation plans, policies, programs, practices or arrangements . Part 3.21(a ) of the CompanyDisclosure Schedule sets forth a complete list of each Company Plan under which the Company or any ERISA Affiliatehas or may have any material obligation or material liability, whether actual or contingent