definiens: within the meaning ofSection 3(3 ) of the Employee Retirement Income Security Act of 1974, as amended ( ) and all termination andseverance contracts or agreements, employment agreements, and consulting services agreements involving considerationto the consultant in excess of [ * ], in each case, for active, retired or former employees, directors or consultants, in eachcase, which is currently sponsored, maintained, contributed to, or required to be contributed to or with respect to whichany current potential material liability is borne by the Company and any trade or business ( whether or not incorporated)that is or at any relevant time was treated as a single employer with the Company within the meaning of Section 414 ofthe Code ( an ) ( collectively, the ) . Neither the Company nor, to theknowledge of the Company, any other person or entity, has made any commitment to modify, change or terminate anyCompany Employee Plan, other than with respect to a modification, change or termination required by ERISA or theCode . There are no loans by the Company to any of their officers, employees, contractors or directors outstanding on thedate hereof, except pursuant to loans under any Company Employee Plan intended to qualify under Section 401(k ) of theCode