definiens: means, with respect to a Party and subject to Sections 2.1 and 2.7, any Person that, on or after the Effective Date, is directly or indirectly controlling, controlled by, or under common control with, such Party . For purposes of this Agreement, means the ability to control the direction of the management and operatio ns of the subject Person, whether through ownership, contract or otherwise . Control will be presumed where a Party has direct or indirect ownership of ( or the contractual right to direct the voting of ) 50 % or more of the voting shares, equity or other inte rests of the Person . Notwithstanding anything to the contrary herein, the following Persons are not, and can not be considered, Affiliates of [COMPANY] for the purposes of this Agreement so long as any patent infringement litigation or royalty obligation exi sting as of the Effective Date concerning the Licensed Enzo Patent Rights remains pending between Enzo and that Person ( or any Affiliate of that Person ): Abbott Laboratories ; Abbott Molecular, Inc. ; Becton, Dickinson and Company ; Becton, Dickinson Diagnost ics, Inc. ; Geneohm Sciences, Inc. ( now part of Becton Dickinson ) ; Gen -Probe, Inc. ( now part of Hologic, Inc. ) ; Hologic, Inc. ; Roche Molecular Systems, Inc. ( part of Hoffmann -La Roche AG ) ; Roche Diagnostics Corporation ( part of Hoffmann -La Roche AG ) ; Roche Diagnostics Operations Inc. ( part of Hoffmann -La Roche AG ) ; and Roche Nimblegen, Inc