definiens: shall mean a corporation or other legal entity that controls, is controlled by, or is under commoncontrol with such party . For purposes of this definition, means the ownership, directly or indirectly, of morethan fifty percent ( 50 % ) of the outstanding equity securities of a corporation which are entitled to vote in the electionof directors or a more than fifty percent ( 50 % ) interest in the net assets or profits of an entity which is not acorporation . Notwithstanding anything in this definition to the contrary, Nippon Glaxo Limited, Shinjuku MAYNDSTower, 1 - 1, Yoyogi 2 - chrome, Shubuya - ku 151, Tokyo, Japan, and Maxygen, Inc. ( presently a division of Licensee),40001 Miranda Avenue, Palo Alto, CA 94304 shall be deemed to be an Affiliate of Licensee for purposes of thisAgreement