definiens: ), together with any such person ’s or, as such terms are defined in the ExchangeAct, other than an employee benefit plan ( or related trust ) sponsored or maintained by such Party or any of its Affiliates, ofmore than 50 % of the outstanding shares of voting capital stock of such Party or its direct or indirect parent corporation, or(c ) the merger or consolidation of such Party or its direct or indirect parent corporation with or into another corporation, otherthan, in the case of this clause ( c ), an acquisition or a merger or consolidation of a Party or its direct or indirect parentcorporation in which holders of shares of the voting capital stock of the Party or its direct or indirect parent corporation, as thecase may be, immediately prior to the acquisition, merger or consolidation will have at least fifty percent ( 50 % ) of theownership of voting capital stock of the acquiring Third Party or the surviving corporation in such merger or consolidation, as the case may be, immediately after the merger or consolidation