definiens: means, with respect to any Person, any other Pers on that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person . When used in this Agreement, ( including, with corre lative meanings, the terms and ), as used with respect to any Person, shall mean the possession, directly or indirectly, of a majority of the equity interests o r the power to elect a majority of the board of dir ectors ( or Persons performing similar functions ) of such Perso n, whether through the ownership of voting securiti es, status as a general partner, by contract, or otherwise . Th e parties acknowledge that in the case of certain e ntities organized under the Laws of certain countries outsi de of the United States, the maximum percentage own ership permitted by Law for a foreign investor may be less than fifty percent ( 50 % ), and that in such case su ch lower percentage shall be substituted in the preceding se ntence ; provided that such foreign investor has the power to direct the management and policies of such entity