definiens: within the meaning of Section 3(3 ) of the Employee Retirement Income Security Act of1974, as amended ( ), and deferred compensation, pension, retirement, employment, retention, termination, change ofcontrol, severance or other plans, programs, contracts, policies, agreements or arrangements, and with respect to which theCompany and any of its Subsidiaries has or may in the future have any liability ( the ” Company Benefit Plans ” ) as of the dateof this Agreement are listed on Section 3.1(q)(i ) of the Company Disclosure Schedule and each Company Benefit Plan that isintended to be qualified under Section 401(a ) of the Code has been separately identified . True and complete copies of allCompany Benefit Plans listed in Section 3.1(q)(i ) of the Company Disclosure Schedule, including the current version of anytrust agreement or other trust instrument, including any current insurance contract forming a part of such Company BenefitPlans have been provided or made available to Parent prior to the date hereof