definiens: means each : ( a ) as defined in Section 3(3 ) of ERISA ; and ( b ) all other pension, retirement, su pplemental retirement, deferred compensation, excess benefit, profit sharing, bonus, incentive, stock purchase, stock ownership, stock option, stock appreciation right, phantom equ ity or other equity - based compensation, employment, severance, salary continuation, termina tion, change - of - control, health, life, disability, group insurance, vacation, holiday and fringe benefit plan, program, contract, or arrangement maintained, contributed to, or required to be contributed 3 4826 - 7940 - 7793v12/ # # # -###- # # # # to, by Seller, any Affiliate of Seller or any ERISA Affiliate thereof for the benefit of any current or former employee, director, officer or independen t contractor of Seller or any Affiliate of Seller or under which Seller, any Affiliate of Sell er or any ERISA Affiliate thereof has any Liability