definiens: means, as to any Person, any other Person who, di rectly or indirectly, controls, is controlled by, or is under common control with, such Person . F or purposes of this definition, the term of a Person means ( a ) the power to vote, directly or indirectly, fifty percent ( 50 % ) or more of the securities hav ing ordinary voting power for the election of directors of such Person or ( b ) the possession, directly or indirectl y, of 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, and th e terms and have meanings correlative thereto . For purposes of this Agreement, ( i ) TNK and Sorrento shall not be deemed an Affil iate of [COMPANY] and ( ii ) [COMPANY] shall not be deemed an Affiliate of TNK or Sorrento