And back to the conversation. After the discussion that was detailed, Peleg discovers during his conversation with Ackerman, that Don deleted clause 3.1.4 from the third agreement and says: "If he deleted 3.1.4 he is a crook" (page 30 of the transcript), later (starting on page 34 of the transcript), Peleg compares the agreements and says: "No. No, Uri. Uri. Uri. He downloaded... Look, I want to show you something. Something that Ori and I have just seen. Listen, he added some kind of clause here. This is a third agreement. It's not the second..."
At this point in the conversation, Ben-Shabbat joins in and tells Peleg and Ackerman that the third agreement was the one that was valid. Ackerman asks: "Does the third one catch on?" and Ben Shabbat replies: "Of course because he cancels." To this, Ben Shabbat responds: "It is written," Peleg asks: "Where?" Ben Shabbat replies: "Here, you're going to have a serious problem here. It eliminates everything. It cancels everything." Peleg adds: "No, so he pushed it without it," to which Ben Shabbat replies: "Go to the lawyer, he'll tell you that the fact that you signed is more than all the WhatsApp messages," and Peleg concludes: "Kobi, it's my joke and yours," and that's how the recording ends.
As for this conversation, I will already emphasize what is indisputable, in the framework of this conversation – which indisputably took place after the two offerings – at no stage was the demand for options to purchase shares in accordance with clause 3.1.4 raised (see Peleg's testimony on page 198, lines 1-2) in this regard, and yes, no demand was raised for the payment of any commission in respect of the second offering.
- The Fourth Agreement;
There is no dispute that after the meeting on September 24, 2019, the parties reached an agreement whereby the second half of the commission would be paid in two installments in September and October 2019 and that the plaintiff would not be entitled to convert the second half of the commission into shares in accordance with the provisions of clause 3.1.2 of the agreement. In addition, and at the same time – as it appears from the recording of the conversation dated September 24, 2019 – Peleg believed, as stated, that clause 3.1.4 gave him the opportunity to convert the second half of the commission into shares at a rate of 20 cents, but he discovered that this clause had been deleted by Don from the third agreement. It also emerges from the end of the conversation that according to Ben Shabbat's approach, since the third agreement is the one that was signed last, Peleg will have a problem raising a claim that this clause remains in effect.