definiens: means, with respect to an entity, any person, organi zation or entity controlling, controlled by or under common control with, such party . For purposes of this definition only, of another person, organization or entity shall mean the possession, directly or indirectly, of the power to direct or cau se the direction of the activities, management or policies of such person, organization or entity, whether through the ownership of voting securities, by contract or otherwise . Without limiting the foregoing, control shall be presumed to exist when a perso n, organization or entity ( a ) owns or directly controls fifty percent ( 50 % ) or * * * Confidential Treatment Requested more of the outstanding voting stock or other ownership interest of the other organization or entity or ( b ) possesses, directly or indirectly, the power to elect or appoint fifty percent ( 50 % ) or more of the members of the governing body of the organizatio n or other entity . The parties acknowledge that in the case of certain entities organized under the laws of certain countries, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent ( 50 % ), and that in such c ases such lower percentage shall be substituted in the preceding sentence