definiens: within themeaning of Section 3(3 ) of the Employee Retirement Income Security Act of 1974,as amended ( ) ) covering any active employee, former employee, director orconsultant of the Company, or any trade or business ( whether or notincorporated ) that is a member of a controlled group or that is under commoncontrol with the Company within the meaning of Section 414 of the Code ( forpurposes of Section 2.12 and Section 3.12, an ), or with respect towhich the Company has or may in the future have liability, are referred toherein as the Section 2.12(a ) of the Company Disclosure Lettercontains a complete and accurate list of each of the Company Plans . The Companyhas provided to Parent : ( i ) correct and complete copies of all documentsembodying each Company Plan including ( without limitation ) all amendmentsthereto, all related trust documents, and all material written agreements andcontracts relating to each such Company Plan ; ( ii ) the three ( 3 ) most recentannual reports ( Form Series 5500 and all schedules and financial statementsattached thereto ), if any, required under ERISA or the Code in connection witheach Company Plan ; ( iii ) the most recent summary plan description together withthe summary(ies ) of material modifications thereto, if any, required under ERISAwith 20