According to Don, as a result, the CLA agreement was signed , in which Peleg undertook to inject into the company a total of $330,000 (consisting of $100,000 in the amount of the loan and another $230,000 derived from the commission to which Peleg is entitled for the offering), and in return for this, Peleg is entitled to receive options to purchase the company's shares at a favorable price. I will note that Peleg does not dispute that in the framework of the CLA agreement it was agreed to convert the financial commission that is the subject of the first agreement into options for the purchase of shares, however, according to him, this does not detract from his right to receive an additional commission in the form of the option to purchase options at the rate of the full financial commission in accordance with the first agreement. It follows that the parties do not disagree that the purpose of the CLA agreement is to enable the conversion of Peleg's commission in the amount of $230,000 and the loan in the amount of USD 100,000 that he gave to the company to options for the purchase of the company's shares at a favorable price, and the parties disagree only on the question of whether, in addition to the financial commission, Peleg is entitled to additional options in accordance with the first agreement.
- I note that following this, an updated CLA agreement was signed by the parties on October 9, 2018 , the purpose of which is to determine that the commission to which Peleg is entitled will be offset against the investment commitment as expressed in the CLA agreement. There is no dispute that in the end, for accounting reasons it was not possible to make such an offset and therefore Peleg transferred to the company on November 4, 2018 the sum of $230,000 as its value in new shekels, and on the other hand, on November 6, 2018, he issued a demand for payment in respect thereof in the said amount plus VAT. I will note that in this demand, which was attached as Appendix 15, Peleg wrote that the demand is for: "Finder – Offering in Australia Criminal Appeal Finder Agreement of 20/9/2017". This sum was paid to the plaintiff pursuant to the decision of the board of directors of November 11, 2018.
- Signing a second agreement;
Alongside the signing of the updated CLA agreement , another agreement was signed by Don on October 10, 2018 (this date is written in handwriting on the copy of the agreement at the top and also appears from an email correspondence from that day from Peleg to Don, in which Peleg transferred the agreement to Don and correspondence from Don to Peleg in which Don transferred the signed agreement to Peleg), there is no dispute that this agreement was also signed by Peleg at a later date (the agreement signed by Don was attached as Appendix 12 to Don's affidavit and yes, as Appendix 17 to Peleg's affidavit and as an appendix to the correspondence that is the subject of Appendices 18 and 19 of October 10, 2018, which were attached to Peleg's affidavit (hereinafter: the "Second Agreement"). I note that the parties agree that in the second agreement, instead of a commission that is derived as a percentage of the fundraising amounts, it was determined that Peleg would be entitled to a financial commission of only $230,000 (which on the face of it constitutes about half of the commission amount, to the extent that Peleg was entitled to a commission of 4.5% of the value of the offering).