definiens: ( as such term is defined in Section 3(35 ) of ERISA ), ( ii ) a ( within themeaning of Section 210 of ERISA or Section 413(c ) of the Code ), or ( iii ) a as defined inSection 3(37 ) of ERISA, or ( iv ) a ( as such term is defined in Section 3(40 ) ofERISA ) ; no Employee Benefit Plan provides and neither the Company nor any of its Subsidiaries has any current orpotential obligation to provide post - termination or post - retirement health, life or other welfare benefits other than asrequired under Section 4980B of the Code or any similar state Law ; and neither the Company nor any of itsSubsidiaries has any current or potential liability or obligation by reason of at any time being treated as a singleemployer under Section 414 of the Code with any other Person