According to Don, which is also not controversial on the face of it, although the initial contact with Ananda was already in September 2017, since that date no operative steps have been taken regarding the promotion of the IPO. Support for this assertion can be found in the fact that none of the parties presented any evidence relating to the advancement of the issue of the IPO from that date until January 2018, when Don admits that Ben Shabbat was in contact with him again regarding the offering. According to Don, at that time, Ben Shabbat was in contact with him, since at this stage the company's financial results for 2017 were already in place.
There is also no dispute that in March 2018, Ananda visited Israel, met with Don, and the issue of the company's IPO on the Australian Stock Exchange gained momentum. There is no dispute that in the meeting between Don and Ananda, Peleg was also present.
- Adding clause 3.1.3 to the first draft agreement and the circumstances until the first agreement is signed by the parties;
There is no dispute that following the meeting with Ananda and the matter that the latter discovered in the company, Keren, Peleg and Don met and on March 28, 2018, following this meeting, an e-mail message was sent from Keren to Don (Appendix 3 to Don's affidavit). As part of the notice, Keren wrote to Dan that following their meeting this week, he was sending a divisive e-mail message and the original agreement (i.e., the agreement that I defined as the "base agreement" and which, as stated, was an agreement in which the services were fundraising services). It was also written: "Please see Peleg's question – is it possible to attach only the content of the e-mail message to the agreement, or should a clause be added to the agreement and re-signed? Peleg's attached message reads:
"Attached the contract we signed with Gil concerning FF for Splitit
Following the verbal agreement we had with Gil during the meeting on Tuesday that we will invest some or all of the FF commission back to the company we must add in the agreement that SplitIT will give options to buy SplitIt stocks (in all the amount of the FF commission) in the valuation of the initial investment for a period time of 12 months.