definiens: ( as defined in Section 3(3 ) of ERISA ), whether or not subject to ERISA, ( ii ) standard employment, individual consulting or other compensation agreement and any employment, individual consulting or other compensationagreements that differ from such standard terms and ( iii ) other employment, bonus, stock option, stock purchase or otherequity - based benefit, incentive compensation, commission, profit sharing, savings, retirement, disability, vacation, sick leave, deferred compensation, severance, salary continuation, termination, retention, change of control and other similar fringe, welfare or other employee benefit plan, program, agreement, contract, policy or binding arrangement ( whether or not inwriting ) maintained, entered into or contributed to for the benefit of any current or former employee or director of theCompany, any of its Subsidiaries or any other trade or business ( whether or not incorporated ) which would be treated as asingle employer with the Company or any of its Subsidiaries under Section 414 of the Code ( an ), or withrespect to which the Company or any of its Subsidiaries has or could have any Liability ( each, an andcollectively, the )