definiens: means each plan, program, policy, agreement or other arrangement covering currentor former employees, directors or consultants, that is ( i ) an employee welfare plan within the meaning of Section 3(1)of ERISA ( whether or not subject to ERISA ), ( ii ) an employee pension benefit plan within the meaning of Section 3(2)of ERISA ( whether or not subject to ERISA ), other than any plan which is a ( as defined inSection 4001(a)(3 ) of ERISA ), ( iii ) a stock option, stock purchase, stock appreciation right or other stock - basedagreement, program or plan, ( iv ) an individual employment, consulting, severance, retention or other similar agreementor ( v ) a bonus, incentive, deferred compensation, profit - sharing, retirement, post - retirement, vacation, severance ortermination pay, benefit or fringe benefit plan, program, policy, agreement or other arrangement, in each case that issponsored, maintained or contributed to by the Company or any of its Subsidiaries or to which the Company or any ofits Subsidiaries contributes or is obligated to contribute to or has or may have any liability, other than any plan, program, policy, agreement or arrangement mandated by applicable Law