definiens: shall mean and include with respect to any Party, ( i ) any legal entity of which the securities or other ownership interests representing fifty percent ( 50 % ) or more of the equity or fifty percent ( 50 % ) or more of the ordinary voting power or fifty percen t ( 50 % ) or more of the general partnership interest are, at the time such determination is being made, owned, controlled or held, directly or indirectly, by such Party, or ( ii ) any legal entity which, at the time such determination is being made, is contro lling or under common control with, such Party, provided, however, that regarding [COMPANY], Affiliate shall not include Mr. Dietmar Hopp and dievini Hopp BioTech holding GmbH & Co. KG and/or any other companies controlled by Mr. Dietmar Hopp and/or dievini Hopp BioTech holding GmbH & Co. KG . As used in this definition, the term, whether used as a noun or verb, refers to the possession, directly or indirectly, of the power to direct, or cause the direction of, the management or policies of a legal e ntity, whether through the ownership of voting securities, by contract or otherwise