definiens: shall mean, with respect to a party to this Agreement, a Person that direlOtJy or indirectly control~, is controlled by, or is undcr common control with, sueh party . For purposes of this Agreement, the direct or indirect ownership of more than fif.tx vercent ( m ) of the outstanding voting shares of a Pers.on or the right 10 receive fifty pe~ I}!l'!£ ) or more of the profits or earnings of a Person, will be deemed to constitute controL Notwith, wnding the foregoing, ( i ) each of [COMPANY], Cozean and Lares Research, h ~ ll be deemed to be Affiliates of cach other, ( ii ) each of [COMPANY] and BL Acquisition shall be deemed to be an Affiliate of ea<:h Olher, and ( iii ) ! K > fle of SurgiLight, PLS Liquidating and EnOVision shall be deemed to be an Affiliate of [COMPANY]