definiens: shall mean, with respect to either party : ( i ) an entity which owns, directly or indirectly, a controlling interest in such party ; ( ii ) an entity in which such party owns, either dire ctly or indirectly, a controlling interest ; or ( iii ) an ent ity, in which a controlling ownership, directly or indirectly, is common to the controlling ownership in such part y, whereby shall mean more t han 50 % ( or if the jurisdiction where such entity is do miciled prohibits majority foreign ownership of suc h entity, the maximum foreign ownership interest perm itted under such laws, provided that such ownership actually allows control of such entity ) of the secu rities or other ownership interest representing the equity with the rights to vote in the designation of the g overning bodies of such entity, or any other agreem ent or arrangement allowing the factual or legal control 1 LICENSE AGREEMENT of the decisions of such entity or its governing bo dies . Anything to the contrary in this paragraph notwithstanding ( i ) Chugai Pharmaceutical Co., Ltd, 1 - 9, Kyobashi 2 - chome, Chuo - ku, Tokyo, 104 - 8301, Japan ( ) shall not be deemed an Affiliate of [COMPANY] unless [COMPANY] notifies River Vision that [COMPANY] wishes for Chugai to be deemed an Affiliate of Roch e, and ( ii ) any entities that are Affiliated with R iver Vision as a result of NRM ’s Affiliation with River Vision, shall not be deemed an Affiliate of River V ision unless River Vision notifies [COMPANY] that River Visio n wishes for any such entity to be deemed an Affili ate of River Vision