definiens: means, with respect to an entity, any person, org anization or entity controlling, controlled by or under common control with, such pa rty . For purposes of this definition only, of another person, organization or entity shall mean the posse ssion, directly or indirectly, of the power to dire ct or cause the direction of the activities, management or policies of such person, organization or entity, whether th rough the ownership of voting securities, by contract or othe rwise . Without limiting the foregoing, control shal l be presumed to exist when a person, organization or entity ( a ) owns or directly controls fifty percent ( 50 % ) or mo re of the outstanding voting stock or other ownership interes t of the other organization or entity or ( b ) posses ses, directly or indirectly, the power to elect or appoint fifty percent ( 50 % ) or more of the members of the governi ng body of the organization or other entity . The parties ackno wledge that in the case of certain entities organiz ed under the laws of certain countries outside of the United Sta tes, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent ( 50 % ), and that in such cases such lower percentage sh all be substituted in the preceding sentence