definiens: as suchterm is defined in Section 406 of ERISA or Section 4975 of the Code and, to the Company ’s knowledge, no other thirdparty fiduciary and/or party - in - interest has engaged in any such with respect to any CompanyEmployee Plan . To the Company ’s knowledge, neither the Company nor any ERISA Affiliate is 36 [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities andExchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amendedsubject to any liability or penalty under Sections 4976 through 4980 of the Code or Title I of ERISA with respect to anyCompany Employee Plan . All contributions required to be made by the Company or any ERISA Affiliate to anyCompany Employee Plan have been timely paid and accrued on the Company Balance Sheet, if required under GAAP