definiens: ( within the meaning of Section 3(3 ) of the Employee RetirementIncome Security Act of 1974, as amended ( ) ( including, without limitation, multiemployerplans within the meaning of Section 3(37 ) of ERISA or any of its foreign equivalents ) ), stockpurchase, stock option, severance, employment, change - in - control, fringe benefit, collectivebargaining, bonus, incentive, deferred compensation and all other employee benefit plans, agreements, programs, policies or other arrangements relating to employment, benefits orentitlements, whether or not subject to ERISA ( including any funding mechanism therefor now ineffect or required in the future as a result of the transactions contemplated by this Agreement orother activities taken by the Company or any of its Subsidiaries on or prior to the date of thisAgreement ), sponsored by the Company, any of its Subsidiaries or any other entity such as a co - employer, whether formal or informal, oral or written, legally binding or not under which anyemployee or former employee of the Company or any of its Subsidiaries has any present or futureright to benefits based on such employee 's employment with the Company or one of itsSubsidiaries and under which the Company or any of its Subsidiaries has any present or futureliability