definiens: ( as defined in theWARN Act ) affecting any site of employment or one ( 1 ) or more facilities or operating units within any site of employment orfacility of its business ; ( ii ) there has not occurred a ( as defined in the WARN Act ) affecting any site ofemployment or facility of the Company or any of the Company Subsidiaries ; and ( iii ) neither the Company nor any CompanySubsidiary has been affected by any transaction or engaged in layoffs or employment terminations sufficient in number totrigger application of any similar state, local or foreign law or regulation . Neither the Company nor any Company Subsidiaryhas caused any of its employees to suffer an ( as defined in the WARN Act ) during the ninety ( 90 ) dayperiod prior to the date hereof or any similar event that when aggregated with enough such other events would trigger theadvance notice requirements of the WARN Act