definiens: ( as defined in Section 3(3 ) of the EmploymentRetirement Income Security Act of 1974, as amended ( ) ) and each other employment, retention, change incontrol, severance, bonus, incentive, stock option or other equity based, retirement, profit - sharing, deferredcompensation or any other employee compensation or benefit plan, program, agreement or arrangement, whether ornot subject to ERISA, that is sponsored maintained, or contributed to by the Seller on behalf of any Eligible Employee(each a ) . Each Seller Benefit Plan has Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commissionpursuant to the Company ’s application requesting confidential treatment under Rule 406 of the Securities Actof 1933 ; [ … * * * … ] denotes omissions.been maintained and administered in all material respects in accordance with its terms, and all the Seller BenefitPlans are in material compliance with the applicable provisions of ERISA, the Code and all other applicable laws