definiens: means any corporation or non - corporate business entity which controls, is controlled by, or isunder common control with a Party to this Agreement . A corporation or non - corporate business entity shall beregarded as in control of another corporation if it owns or directly or indirectly controls greater than fifty percent(>50 % ) of the voting stock of the other corporation or such lesser maximum percentage permitted in thosejurisdictions where majority ownership by foreign entities is prohibited, or ( a ) in the absence of the ownership ofgreater than fifty percent ( > 50 % ) of the voting stock of a corporation, or ( b ) in the case of a non - corporate businessentity, if it possesses, directly or indirectly, the power to direct or cause the direction of the management and policiesof the corporation or non - corporate business entity, as applicable, whether through the ownership or control of votingsecurities, by contract or otherwise