definiens: plan, fund or program ( within the meaning of section 3(1 ) ofthe Employee Retirement Income Security Act of 1974, as amended ( ) ) ; each profit - sharing, stockbonus or other plan, fund or program ( within the meaning of section 3(2 ) of ERISA ) ; each bonus, employment, termination or severance agreement ; and each other material employee benefit plan, fund, program or agreement or arrangement, in each case, that is sponsored, maintained or contributed to or requiredto be contributed to by the Company or by any trade or business, whether or not incorporated ( an ), that together with the Company would be deemed a within the meaning ofsection 4001(b ) of ERISA, or to which the Company or an ERISA Affiliate is party, for the benefit of anyemployee or consultant or former employee or consultant of the Company or any Subsidiary ( the )