of clause (ii). (C) Failure to retain minimum stock interest (i) In general Notwithstanding subparagraph (A), paragraph (4)(C) shall not apply to any remuneration payable by a corporation with a qualified employee stock program during any period employees do not own stock meeting the requirements of subparagraph (B)(i). (ii) Exception To the extent provided by the Secretary, clause (i) shall not apply to any period if, within 90 days of the first date on which the failure occurred (or such longer period not in excess of 180 days as the Secretary may prescribe), the employees are given stock which results in the program meeting the requirements of subparagraph (B)(i). (D) Stock For purposes of this paragraph— (i) In general The term stock means stock other than stock described in section 1504(a)(4). (ii) Treatment of certain rights The Secretary may provide that warrants, options, contracts to acquire stock, convertible debt interests and other similar interests be treated as stock for 1 or more purposes under subparagraph (A). (E) Aggregation rule For purposes of determining whether the stock ownership requirements of subparagraph (B)(i) are met, a controlled group of corporations (within the meaning of section 409(l)(4)) may elect to treat all members of the group as 1 corporation. (F) Exception for existing binding contracts This paragraph shall not apply to any remuneration payable under a written binding contract which was in effect on April 1, 2017, and which was not modified thereafter in any material respect before such remuneration is paid. . (2) Conforming amendment Subparagraph (C) of section 162(m)(4) of such Code is amended by striking The term and inserting Subject to paragraph (7), the term . (b) Definition of publicly held corporation Paragraph (2) of section 162(m) is amended to read as follows: (2) Publicly held corporation For purposes of this subsection, the term publicly held corporation means any corporation which— (A) qualifies as an issuer the securities of which are registered under