definiens: means, with respect to a person, organization or entity, any person, organization or entity controlling, controlled by or under common control with, such person, organization or entity . For purp oses of this definition only, of another person, organization or entity will mean the possession, di rectly or indirectly, of the power to direct or cause the dir ection of the activities, management or policies of such person, organization or entity, whether through the ownersh ip of voting securities, by contract or otherwise . Without limiting the foregoing, control will be presumed to exist when a person, organization or entity ( a ) ow ns or directly controls fifty percent ( 50 % ) or more of th e outstanding voting stock or other ownership inter est of the other organization or entity or ( b ) possesses, dire ctly or indirectly, the power to elect or appoint f ifty percent ( 50 % ) or more of the members of the governing body of the other organization or entity . The parties acknowledge that in the case of certain entities or ganized under the laws of certain countries outside of the United States, the maximum percentage ownership per mitted by law for a foreign investor may be less th an fifty percent ( 50 % ), and that in such cases such lower pe rcentage will be substituted in the preceding sente nce