definiens: shall mean, with respect to any organization or entity, any person, organization or entity controlling, controlled by or under common control with, such organiz ation or entity . For purposes of this definition only, of another person, organization or entity shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the activities, management or policies of such pe rson, organization or entity, whether through the ownership of voting securities, by contract or otherwise . Without limiting the foregoing, control shall be presumed to exist when a person, organization or entity ( a ) owns or directly controls fifty percent ( 50 % ) or more of the outstanding voting stock or other ownership interest of the other organization or entity or ( b ) possesses, directly or indirectly, the power to elect or appoint fifty percent ( 50 % ) or more of the members of the governing body of the o rganization or other entity . The parties acknowledge that in the case of certain entities organized under the laws of certain countries outside of the United States, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent ( 50 % ), and that in such cases such lower percentage shall be substituted in the preceding sentence