definiens: means, in relation to one person, any other person which is CONTROLLED by, under common CONTROL with, or CONTRO LS the other ; ” 3.2 Clause 2.2.2.6 By amending clause 2.2.2.6 to read – means ASPEN PHARMACARE HOLDINGS LIMITED, Registrat ion Number 1985/002935/06, a company duly registered an d incorporated in accordance with the company laws of the Republic of South Afri ca and having its registered office at Building 8, Healthcare Park, Woodlands Dr i ve, Woodmead,, Johannesburg, Republic of South Africa, or in the event of ASPEN exercising its rights of nomination in terms of clause 33, MAURITIUS HOLDCO or any assignees or nominees under this AGREEMENT, and any AFFILIATES o f the aforegoing persons ; ” Page 1 3.3 Clause 2.2.2.11 By amending clause 2.2.2.11 to read –, or means either ( I ) ( x ) the ownership of more than 50 % ( FIFTY PERCENT ) of the v oting shares or interests of a person carrying the rights to vote at general mee tings or ( y ) the power to nominate a majority of the board of directors of a person ; o r ( II ) the ability to determine the policies and/or management of a person, whether thr ough the ownership of securities, by contract or otherwise . ” 3.4 Clause 2.2.2.13 By amending clause 2.2.2.13 to read – means the suspensive condition to this AGREEMENT as set out in clause 4 . ” 3.5 Clause 2.2.2.16 By amending clause 2.2.2.16 to read – means the first day of the month following the mon th in which the CONDITION is fulfilled, but in no circums tances later than 1 April 2008 ; ” 3.6 Clause 2.2.2.22 et seq