Moreover, the conclusion has implications for another component of the agreement between Mr. Knepler and ADN. As may be recalled, as part of the agreement, the company undertook that Mr. Knepfler would be entitled to 80% of the revenue flow that would derive from the property companies in France. But that cash flow put Mr. Knepler at a 32% share cost at the end of the day. When the question of his entitlement to a quarter of this scope was opened for discussion against your will, you say that the issue of cash flow has also been opened for discussion. This conclusion will be important when we come to examine the counterclaimant's argument that the transaction with the Dayan Group, which was concluded later, violated his contractual rights to entitle to those 8% of the shares, and to the income stream that would derive from the property companies.
Mr. Knepfler brings up a proposal for a new deal, and the negotiations with respect to the previous deal have not been exhausted while the deadline set for this purpose has passed
- The decision of the company's board of directors determined that 30 days are allocated for the purposes of litigation regarding the accounting. The decision was made at the end of August 2016. She did not qualify herself with regard to the festivals of Tishrei. Hence, around the end of October of that year, a decision had to be made one way or the other.
An examination of the evidence shows that Mr. Knepfler did not attempt to make a calculation with respect to the previous outline of the transaction. He claims that he was not presented with exhaustive information that could have led to its compilation, but I do not accept this argument. According to his own method, he was aware of significant flaws in the previous data presented to him, and the picture of the state of the properties in France was already quite clear at the time. He did not depend only on the good will of the company, but he had at his disposal a sufficient infrastructure, at least to substantially begin with that calculation.