Given the occurrence of one of the aforementioned cases, clause 11(b) of the agreement determines the method of sale, which will be carried out on the basis of the work of the accountant of Max Ashdod, and without taking into account various components, including the seller's share in future profits, etc.
- This contractual system, unfortunately, did not lead the parties to the deceased and to the estate, and within a few years the disputes that led to the current extensive litigation arose and arose.
- Before we continue on our way, we must focus our attention on Mr. Shimshon, who will be one of the main focus of discussion in this case. As you can see, Mr. Shimshon is connected to the activities of all the branches. As far as the Bat Yam branch is concerned, he is a direct party to the franchise agreement. As far as the Sani-Pim in Sderot and Ashdod is concerned, he is involved through companies under his control.
At the same time, Mr. Shimshon adds and explains that he did not take part in the day-to-day management of the branches, but rather served as a "passive investor". Thus, as far as the Ashdod branch is concerned, Max is involvedin its day-to-day operation, and as we have seen, the management shares of Max Ashdod are exclusively owned by it. As for the branches in Bat Yam and Sderot, Mr. Shimshon claims that in each of them there was a party who actually operated the store and this is the "effective franchisee" as he defines it. In the Bat Yam branch it was Mr. Yaniv Zevihai, and in the Sderot section it was Mr. Shiror.
The Rise of the Skies and the Cancellation of the Agreements
- On April 9,2017, Mr. Shimshon's brother, Mr. Michael Shimshon (hereinafter: Michael), signed a founders' agreement according to which he purchased 20% of the shares of Super Stock Israel 2017 Ltd. (hereinafter: Super-Stock Company; Appendix 19 to Mr. Shimshon's affidavit in Civil Case 47423-07-18; p. 513 of the numerator).
There is no dispute about this fact, but the parties are very divided as to the substance of the matter.