definiens: shall mean any company or business entity directly or indirectly controlled by, controlling or under common control with a party to this Agreement . For this purpose ' control " shall mean the power . directly or indirectly . to direct or cause the direction of the management and policies of a company or bu~ iness entity and control is conclusively presumed In case of direct or Indirect ownership of more than 50 % ( fifty percent ) of the voting stock of such company or the right to receive over fifty percent ( 50 % ) of the profits or earnings of an entity . Such other relationship as in fact results in actual control over the management . business and affairs of an entity shall also be deemed to constitute control means a day on which banks are open for business in the City of Montreal . but does not Include a Saturday, Sunday or holiday In the State of North Carolina ' · Customer Notice ' · shalt have the meaning given such term In Section 2 8 hereof Effective DateFormulary Notice · ' shall have the meaning given such term in Section 2.9 hereof FDAOperational Transition ServicesOperational Transition Period " means the period from the Effective Date ur : til April 1s1 2012