definiens: ( ), as such term is defined in Section 3(1 ) of ERISA, whether insured or otherwise, including, without limitation, any such plan that is excluded from coverage by Section 4 of ERISA or is a Multiemployer Plan within the meaning of Section 3(37 ) of ERISA . To the knowledge of the Company, each such Welfare Plan that is a Multiemployer Plan has been operated in all material respects in accordance with its terms and in compliance in all material respects with applicable provisions of ERISA, the Code and other applicable law . Each such other Welfare Plan has been operated in all material respects in accordance with its terms and in compliance in all material respects with the applicable provisions of ERISA, the Code and all other applicable law . Benefits under each Welfare Plan are fully insured by an insurance company unrelated to the Company or any Affiliated Organization . No insurance policy or contract requires or permits retroactive increase in premiums or payments due thereunder . Neither the Company nor any Affiliated Organization has established or contributed to, is required to contribute to or has or could have any liability of any nature, whether known or unknown, direct or indirect, fixed or contingent, with respect to any within the meaning of Section 501(c)(9 ) of the Code, within the meaning of Section 419 of the Code, within the meaning of Section 419A of the Code or within the meaning of Section 3(40 ) of ERISA . No Welfare Plan which is a Multiemployer Plan imposes any post - withdrawal liability or contribution obligations upon the Company or any Affiliated Organization . Neither the Company nor any Affiliated Organization maintains, contributes to or has or could have any liability of any nature, whether known or unknown, direct or indirect, fixed or contingent, with respect to medical, health, life or other welfare benefits for present or future terminated employees or their spouses or dependents other than as required by Part 6 of Subtitle B of Title I of ERISA or any comparable state law