definiens: as defined in Section 3(3 ) of ERISA, or any other benefit plan, program, agreement orarrangement maintained or sponsored by the Company, Purchaser, the Surviving Corporation or any of their respectiveAffiliates ; ( ii ) alter or limit the ability of Purchaser and its Subsidiaries ( including, after the Effective Time, the SurvivingCorporation and its Subsidiaries ) to amend, modify or terminate any Company Plan or any other benefit or employmentplan, program, agreement or arrangement after the Effective Time ; or ( iii ) confer upon any current or former employee, officer, director or consultant, any right to employment or continued employment or continued service with Purchaser, the Surviving Corporation or any of their respective Subsidiaries ( including, following the Effective Time, the SurvivingCompany and its Subsidiaries ), or constitute or create an employment agreement with any employee