definiens: Effeclive DateElan 11 means any corporation or other entity controlling, controlled or under the common control of Emisphere or [COMPANY] . as ~ case may be . For the purpose of this definition, £ ' control " shaD mean direct or indi!ect ownership of fifty paam ( 50 % ) or mOle of the ~ or shares entided to VOte for the election of directors or if not meeting the preceding criteria . the power to direct or .:aDse the dimctlon of management and strategic decisions of that corporation or other entity ; means this agreement ( which expression shall be deemed to include the Recitals . the ScheW1es and Appendiees hereto ) ; means the agents SNAC and SNAD uuly that are used to faciHtate transport through membranes, including oral, nasal, buccJd, jntmocular, sublingual . 5ubcutanMl'.t~ intramuscular and pulmonary dcJivexy of the Compounds