Common use of The Open Clause in Contracts

The Open. Market Value as at the date of the relevant Valuation Notice shall be determined on the following assumptions and bases: 15.5.1 valuing the relevant Shares on the basis of an arm’s length sale between a willing seller and a willing buyer who are each acting knowledgeably, prudently and without compulsion; 15.5.2 if the Group is then carrying on business as a going concern, on the assumption that it shall continue to do so; and 15.5.3 that the relevant Shares are capable of being Transferred without restriction.