definiens: shall mean any corporation or other entity that controls, is controlled by, or is under common control with a party . A corporation or other entity shall be regarded as in control of another corporation or entity if it owns or directly or indirectly controls more than fifty percent ( 50 % ) of the voting stock or other ownership interest of the other corporation or entity, or if it possesses directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation or other entity or the power to elect or appoint more than fifty percent ( 50 % ) of the members of the governing body of the corporation or other entity ; WHEREAS, [COMPANY] requires the Product for the production of certain non - absorbed phosphate binders ( including Renagel ® and any other nonabsorbed phosphate binder produced by [COMPANY] ) and a non - absorbed cholesterol reducer ( Cholestagel ® ) ( hereinafter be referred to collectively as " End Productslt ) ; WHEREAS, the primary raw material for the manufacture of Product is monoallylamine ( ) ; WHEREAS, the End Products may be manufactured by certain third party manufacturers identified in writing to CCC ( the ) and will be marketed and sold by certain third party collaborators identified in writing to CCC ( the ) ; CONFIDENTIAL TREATMENT REQUESTED 10250237_1 WHEREAS, CCC is willing to sell to [COMPANY] and [COMPANY], either directly or through its Contract Manufacturers, is willing to purchase from CCC, Product manufactured by CCC in accordance with the price and other terms set forth herein ; WHEREAS, [COMPANY] and CCC desire to extend its supply relationship and replace the 1999 Agreement with this Agreement, effective on the Effective Date hereof