definiens: shall mean, with respect to any person, organization or entity, any other person, organization orentity controlling, controlled by or under common control with, such first person, organization or entity . For purposesof this definition only, of another person, organization or entity shall mean the possession, directly orindirectly, of the power to direct or cause 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 limitingthe foregoing, control shall be presumed to exist when a person, organization or entity ( i ) owns or directly controls fiftypercent ( 50 % ) or more of the outstanding voting stock or other ownership - 1 -interest of the other organization or entity, or ( ii ) possesses, directly or indirectly the power to elect or appoint fiftypercent ( 50 % ) or more of the members of the governing body of the organization or other entity . The partiesacknowledge that in the case of certain entities organized under the laws of certain countries outside of the UnitedStates, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent(50 % ), and that in such case such lower percentage shall be substituted in the preceding sentence