definiens: means ( a ) an entity that owns directly or indirectly, a controlling interest in a Party, by stock ownershipor otherwise, ( b ) any entity in which a Party owns a controlling interest, by stock ownership or otherwise, or ( c ) anyentity under common control with a Party, directly or indirectly . For purposes of this paragraph, and mean ownership of fifty percent ( 50 % ) or more of the voting stock permitted to vote for the election ofthe board of directors or any other arrangement resulting in control of or the right to control the management and theaffairs of the entity or Party in question . For purposes of this Agreement, Genentech, Inc., 1 DNA Way, South SanFrancisco, California shall not be deemed an Affiliate of [COMPANY], unless approved by BioCryst in its sole discretion . Forpurposes of this Agreement, Chugai Pharmaceutical Co. Ltd., 1 - 9 Kyobashi 2 - chome, Chuo - ku, EXECUTION COPYTokyo, 104 - 8301, Japan ( ), shall not be deemed an Affiliate of [COMPANY] unless [COMPANY] provides written noticeto BioCryst of its desire to include Chugai as an Affiliate of [COMPANY]