definiens: ( asdefined in ERISA Section 406 or Code Section 4975 ) which would subject the Company to material liability underSection 4975 of the Code or Sections 409 or 502(i ) of ERISA . No Company Benefit Plan or other employee benefitplan sponsored, maintained or contributed to by, Company ( i ) is subject to Title IV of ERISA or Section 302 of ERISAor Section 412 of the Code and ( ii ) is a multiemployer plan within the meaning of Section 4001(a)(3 ) and 3(37 ) ofERISA . The Company has no current or projected liability in respect of post - employment or post - retirement health, medical or life insurance or other employee welfare benefits for retired or terminated current or former CurrentEmployees, except as required to avoid excise tax under Section 4980B of the Code or similar state law