definiens: means, with respect to a Party, any Person that, as of the Effective Date, is directly or indirectly controlling, controlled by, or under common control with, such Party . For purposes of this Agreement, means the ability to control the direction of the management and operations of the subject Person, whether through ownership, contract or otherwise . Control will be presumed where a Party has ownership of 50 % or more of the outstanding voting shares of the Person . Notwithstanding anything to the contrary herein, the following Persons are not, and can not be considered, Affiliates of [COMPANY] for the purposes of this Agreement so long a s any patent infringement litigation or royalty obligation concerning the Licensed Enzo Patents remains pending between Enzo and that Person ( or any Affiliate of that Person ): Abbott Laboratories ; Abbott Molecular, Inc. ; Affymetrix, Inc. ; Agilent Technolog ies, Inc. ; Becton, Dickinson and Company ; Becton, Dickinson Diagnostics, Inc. ; Geneohm Sciences, Inc. ( now part of Becton Dickinson ) ; Gen -Probe, Inc. ( now part of Hologic, Inc. ) ; Hologic, Inc. ; Illumina, Inc. ; Life Technologies Corporation ( now part of The rmo Fisher Scientific, Inc. ) ; Roche Molecular Systems, Inc