definiens: within the meaning of Section 3(3 ) of ERISA ( the ), to the extent applicable, which are provided to similarly situated employees of Acquiror based on levels of responsibility and shall ( i ) use commercially reasonable efforts to cause any pre - existing conditions or limitations and eligibility waiting periods under any group health plans of Acquiror or its affiliates to be waived with respect to Continuing Employees and their eligible dependents, ( ii ) to the extent permissible under Acquiror 's health and welfare plans, give each Continuing Employee credit for the plan year in which the Effective Time occurs towards applicable deductibles and annual out - of - pocket limits for medical expenses incurred prior to the Effective Time for which payment has been made, and ( iii ) give such Continuing Employees service credit for their employment with Target for eligibility and vesting purposes ( but not for benefit accrual ) under any such applicable Acquiror Employee Plan, as if such service had been performed with Acquiror . Until the effective date of the enrollment of the Continuing Employees in a particular Acquiror Employee Plan, Acquiror shall continue in effect without amendment or reduction in benefits the existing Target Employee Plan covering the same or similar benefits as would be covered by such Acquiror Employee Plan . Nothing in this Section 5.6 is intended to prevent Acquiror from terminating any of its benefit plans in a manner that does not affect the vested or other pre­existing rights of any Continuing Employee