definiens: within the meaning of Sec tion ( 3)(37 ) of ERISA . Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsor ed, participated in or contributed to, any Company Pension Plan in which stock of the Company or any ERISA Aff iliate is or was held as a plan asset . The fair mar ket value of the Assets of each funded Foreign Plan, the liab ility of each insurer for any Foreign Plan funded t hrough insurance, or the book reserve established for any Foreign Plan, together with any accrued contributio ns, is sufficient to procure or provide in full for the ac crued benefit obligations with respect to all curre nt and former participants in such Foreign Plan according to the actuarial assumptions and valuations most recently used to determine employer contributions to and obligations under such Foreign Plan, and none of the Contempla ted Transactions shall cause any such Assets or insuran ce obligations to be less than such benefit obligat ions