definiens: ), and [COMPANY] Pharmaceuticals, Inc., a Delaware corporation ( ) . 1.Definitions . a. means, with respect to a person, organization or entity, any person, organization or entity controlling, controlled by or under common control with, such person, organization or entity . For purposes of this definition only, of another person, organization orentity will mean the possession, directly or indirectly, of the power to direct or cause the direction ofthe activities, management or policies of such person, organization or entity, whether through theownership of voting securities, by contract or otherwise . Without limiting the foregoing, control will bepresumed 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 themembers of the governing body of the other organization or entity . The parties acknowledge that in thecase of certain entities organized under the laws of certain countries outside of the United States, themaximum percentage ownership permitted by law for a foreign investor may be less than fifty percent(50 % ), and that in such cases such lower percentage will be substituted in the preceding sentence