definiens: shall mean, with respect to any Person, another Person that controls, is controlled by or is under common control with such first Person at any time for so long as such other Person controls, is controlled by or is under common contr ol with such first Person . For purposes of this def inition, a Person shall be deemed to another Person if such first Person possesses, directly or indirec tly, the power to direct or cause the direction of the management and policies of such Person, whether through the ow nership of voting securities, by contract or otherwise . Withou t limiting the generality of the foregoing, a Perso n shall be deemed to another Person if any of the fo llowing conditions is met : ( a ) in the case of corpo rate entities, direct or indirect ownership of more than fifty per cent ( 50 % ) of the stock or shares having the right to vote for the election of directors, and ( b ) in the case of non - c orporate entities, direct or indirect ownership of more than fifty percent ( 50 % ) of the equity interest with the power to direct the management and policies of such non- corporate entities . The Parties acknowledge that in the case of certain entities organized under the applicable Laws of certain countries outside of the United 2 States, the maximum percentage ownership permitted by applicable Law for a foreign investor may be equ al to or less than fifty percent ( 50 % ), and that in such cas e such lower percentage shall be substituted in the preceding sentence ; provided that such foreign investor has the power to direct the management and policies of such entity