definiens: means each ( i ) as defined in Section 3(3 ) ofERISA and ( ii ) other pension, retirement, deferred compensation, excess benefit, profit sharing, bonus, incentive, equity or equity - based, phantom equity, employment ( other than at - will employment offer letters on the Company’sstandard form and other than individual Company Options, Company RSAs or other compensatory equity awardagreements made pursuant to the Company ’s standard forms, in which case only representative standard forms ofsuch agreements shall be scheduled ), consulting, severance, change - of - control, retention, health, life, disability, groupinsurance, paid - time off, holiday, welfare and fringe benefit plan, program, agreement, Contract, or arrangement(whether written or unwritten, qualified or nonqualified, funded or unfunded and including any that have been frozen orterminated ), in any case, maintained, contributed to, or required to be contributed to, by the Company, its Subsidiaryor any of the Company ERISA Affiliates for the benefit of any current or former employee, director, officer orindependent contractor of the Company or its Subsidiary or under which the Company or its Subsidiary has any actualor contingent Liability ( including, without limitation, as to the result of it being treated as a single employer under CodeSection 414 with any other person )