definiens: means any Person, whether de jure or de facto, which, directly or indirectly through one ( 1 ) or moreintermediaries, controls, is controlled by or is un der common control with a Party to this Agreement, regardless of whethersuch Affiliate is or becomes an Affiliate on or aft er the Effective Date . A Person shall be deemed to another Person ifit ( a ) owns, directly or indirectly, beneficially o r legally, at least fifty percent ( 50 % ) of the outs tanding voting securities orcapital stock ( or such lesser percentage which is t he maximum allowed to be owned by a Person in a par ticular jurisdiction ) ofsuch other Person, or has other comparable ownershi p interest with respect to any Person other than a corporation ; or ( b ) hasthe power, whether pursuant to contract, ownership of securities or otherwise, to direct the managemen t and policies of thePerson