Conclusions
Overall conclusion
I declare that on the true construction of Clause 16.1 of the SBA, the Defendants are entitled to receive Sites F and G, together with an additional site or sites and a balancing cash payment as required, the combined value of which is equal to the valuation of their aggregate shareholding.
I declare that on the true construction of Clause 16 and Schedule 4, the parties shall procure that PPL instructs Cooper Parry to provide tax advice upon the form of a demerger (to include, but not exclusively, consideration of a share capital reduction) that will minimise the tax burden as far as possible for each party.
There be a sale of the whole of Site A to the Claimants (or at their election PCo) for the sum of £7.3 million and subject to a mechanism whereby only D1 is paid for his 25% share.
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