definiens: : of any person ( the ) means any other person which, directly or indirectly, controls or is controlled by or is under common control with the Subject and, without limiting the generality of the foregoing, includes, in any event, ( a ) any person which beneficially owns or holds 25 % or more of any class of voting securities of the Subject or 25 % or more of the legal or beneficial interest in the Subject and ( b ) any person of which the Subject beneficiall y owns or holds 25 % or more of any class of voting securities or 25 % or more of the legal or beneficial interest ; provided, however, that the Preferred Shareholders of Seller and persons and entities not controlled by Seller shall not be deemed of the Seller for purposes of Section 13 of this Agreement ~ . : : ; ( including, with correlative meanings, the terms and ), as used with respect to any person, means the possession, directly or indirectly, of the po~ to ~ .