definiens: as defined in Section 3(3 ) of ERISA ( including any as defined in Section 3(37 ) ofERISA ) ( whether provided on a funded or unfunded basis, or through insurance or otherwise ), agreement, program, policy, or arrangement, that is contributed to by the Company or one of its ERISA Affiliates which cover or offer(ed ) benefits to any current or former Service Providersor under which the Company has or could have any obligations or liabilities, direct or indirect, actual or contingent, whether or not legallybinding ( each, an and collectively, the ) that is maintained or sponsored by an ERISAAffiliate other than the Company ( ) .With respect to each Seller Plan, Seller has made available to Buyer a summary of thematerial terms applicable to the Service Providers . The Company does not sponsor or maintain, and is not required to sponsor or maintain, any Employee Benefit Plan . Neither the Seller nor the Company has a plan or commitment to have the Company establish, sponsor ormaintain an Employee Benefit Plan