It was further agreed that the payment of the consideration to the plaintiff would be made "on an ongoing condition + 10 "from the date of the tax invoice issued by Mivnim Company", and that a payment that is not paid on time "will be charged at the maximum interest rate at Bank Leumi Le-Israel on unapproved overdrafts from the date on which the invoice was issued until the actual repayment of the amount" (sections 7.a. and 7.b. to the agreement).
- During the month of February 2019, luxury shares were purchased by "Uri Weisbord Holdings Ltd.", whose shareholder was defendant 2, Mr. Uri Weisbord (hereinafter respectively: "Weisbord Holdings" and "Ori"). Uri has served as a director of Prestige since the acquisition of its shares by Weisbord Holdings, and in January 2022, the Registrar of Companies was notified of the termination of his tenure as a director.
The nursing home was operated by Luxury, while the agreement continued to apply even after the purchase of luxury shares by Weisbord Holdings. Prestige maintained a bank account at Bank Hapoalim, to which funds from the Ministry of Health were transferred, among other things, for residents who were hospitalized there, and received appropriate approval from the Ministry of Health.
In the middle of August 2021, after the landlord of the property in which the nursing home was operated, demanded that luxury vacate it, Luxury stopped operating the nursing home, without paying the plaintiff the consideration for the provision of manpower services in July and August 2021.
- On December 21, 2021, a "Share Sale Agreement" was signed between Weisbord Holdings and Defendant 3, Mr. David Ben Shalom, in the framework of which Weisbord Holdings sold its shares at Prestige to Defendant 3 (hereinafter, respectively: "the Agreement for the Sale of Shares to David" - Appendix 2 to Uri's affidavit, and " David"). On the same day, the Registrar of Companies was updated with David's ownership of luxury shares, and on January 27, 2022, the Registrar of Companies received a notice regarding the change of directors, stating that David had been serving as a director of Luxury since December 22, 2021 (Appendix 4 to Uri's affidavit).
The Ottoman Settlement [Old Version] 1916In the agreement for the sale of shares to David, it was determined that luxury shares are sold to David in exchange for a sum of ILS 500, that David purchases luxury in its status as is , that from the time of signing the share sale agreement, David assumes all prestige obligations, that David is "solely responsible" for any claim filed against Prestige and/or against Weisbord Holdings and/or its shareholders, That David declares that he is aware that it is possible that luxury suppliers and service providers may contact him with demands and/or claims for the execution of various payments, that he is aware that the scope of luxury liabilities to suppliers amounts to approximately ILS 800,000 and he undertakes to bear these costs as well as the payment demands of suppliers, who have not yet submitted invoices for goods and services provided to Luxury.