definiens: as used in this definition means the sole or common direct or indirect ownership of more than fifty percent ( > 50 % ) of the stockhaving the right to vote for directors thereof or the ability to otherwise control the management of the corporation or other business entity whether throughthe ownership of voting securities, by contract, resolution, regulation or otherwise . The Parties acknowledge and agree that, for the purposes of thisAgreement, [COMPANY] Fresenius Medical Care Renal Pharma Ltd., with its registered offices at Rechenstrasse 37, CH 9014 St. Gallen, Switzerland, shall beconsidered an Affiliate of LICENSEE so long as it meets the definition set forth herein or LICENSEE retains at least a 50 % interest in the income of ViforFresenius Medical Care Renal Pharma Ltd. Notwithstanding the foregoing, the Affiliates of LICENSEE will not include Fresenius Medical Care AG & Co