definiens: of a Party or Person means any Person, whether de jure or de facto, that directly or indirectly, controls, iscontrolled by, or is under common control with such Party or Person, as applicable . Solely as used in this definition, means direct or indirect ownership of more than [ * * * ] percent ( [ * * * ] % ) of the equity ( or such lesser percentage which is themaximum allowed to be owned by a foreign corporation in a particular jurisdiction ) having the power to vote on or direct theaffairs of such Party or Person, or ( ii ) means the possession of the power to direct or cause the direction of the managementand policies of a person, whether through the ownership of voting securities, by contract, or otherwise . In the case of [COMPANY], for purposes of Sections 2.8 ( Certain Exclusions ) and 9 ( Confidentiality ), shall also include [ * * * ] [COMPANY] and / orits Affiliates