definiens: ( as defined in Section 3(3 ) of theEmployee Retirement Income Security Act of 1974, as amended ( ) ), and all other employee compensation andbenefits plans, policies, programs, arrangements or payroll practices, including multiemployer plans within the meaningof Section 3(37 ) of ERISA, and each other stock purchase, stock option, restricted stock, severance, retention, employment, consulting, change - of - control, collective bargaining, bonus, 41incentive, deferred compensation, employee loan, fringe benefit and any other benefit plan, agreement, program, policy, commitment or other arrangement, whether or not subject to ERISA ( including any related funding mechanism now ineffect or required in the future ), whether formal or informal, oral or written, in respect of any present or former officers, directors, stockholders or other Workers of the Company or any of its ERISA Affiliates, in each case sponsored, maintained, contributed or required to be contributed to by the Company or any of its ERISA Affiliates or under whichthe Company or any of its ERISA Affiliates has any current or potential Liability ( each a andcollectively, the ) . For each Benefit Plan, true and complete copies of, where applicable, ( i ) the three(3 ) most recent annual reports on Form 5500 ( with schedules and attachments ) and associated summary annual reports,(ii ) the actuarial reports and results of all nondiscrimination tests for the last three ( 3 ) plan years, and ( iii ) any plandocument ( or, in the case of an unwritten Benefit Plan, a written description thereof ), summary plan description ( and anysummaries of material modifications with respect thereto ), trust agreement ( and any other documents relating to thefunding or payment of benefits under any Benefit Plan ), employment agreement and other governing instrument, document or employee communication, have been delivered to Buyer as of the date hereof