Repay date: | 24/02/2022 | | | | |
Type | Item | Consolidated | | | |
Sources | Cash and cash equivalents | | | |
Total cash and cash equivalents | 2,897 | | |
| | | |
Restricted deposits | | | |
Total restricted deposits | | | |
Restricted deposit for PUT options | 40,352 | | |
Commitment in respect of PUT option | -40,352 | | |
Customer accounts | | | |
Total customer accounts | - | | |
| | | |
Proceeds from the sale of assets | | | |
Fixed assets as of 30/6/2021 net of Telecostar | 308 | | |
| | | |
Institutions | | | |
Deposit seized by police | 250 | | |
Total institutions | 250 | | |
| | | |
| | | |
Consideration to cash on hand from acquisition of frame | 2,000 | | |
Future consideration from exercising PUT option | 7,000 | | |
| Total sources | 12,455 | | |
Uses | | | | |
Current payments forecast* | | | |
Total Current payments | -4,364 | | | |
| | | |
Specific liens | | Repayment % | Dividend Distribution |
Total specific liens | - | | 100% | 4,364 |
| | Distributable balance | 8,091 |
| | | | |
| | | Repayment % | Dividend Distribution |
Priority | | 100% | – |
Employee wages | -352 | | Distributable balance | 8,091 |
| | | |
Total priority | -352 | | 100% | 352 |
| | 100% | – |
| | 100% | 352 |
| | | |
General liens | | Distributable balance | 7,739 |
| | | |
Total general liens | - | | Repayment % | Dividend Distribution |
| | | 100% | – |
| | | Distributable balance | 7,739 |
| | | | |
Personal guarantee creditors | | Repayment % | Dividend Distribution |
Total Personal guarantee creditors | -87 | | 100% | 87 |
| | Distributable balance | 7,652 |
| | | Repayment % | Dividend Distribution |
Ordinary creditors | | | |
Material shareholders’ debts (wages and ancillary) | - | | 16.8% | – |
Liabilities to material shareholders | - | 16.8% | |
Indemnities not yet approved for material shareholders | - | 16.8% | |
Vendors (ordinary creditors) | -5,858 | 16.8% | 985 |
Office management fee | -52 | 16.8% | 9 |
Professional Services | -1,471 | 16.8% | 247 |
Director remuneration | -115 | 16.8% | 19 |
Legal–Israel | -1,281 | 16.8% | 215 |
Legal–Overseas | -641 | 16.8% | 108 |
Miscellany | -806 | 16.8% | 135 |
Lawsuits | -28,709 | 16.8% | 4,826 |
Wages and ancillary (excluding Anatoly and Alex) | -1,104 | 16.8% | 186 |
Friends (previous lessor) | -131 | 16.8% | 22 |
Police debt (inc. repayment of deposit noted in Sources) | -5,350 | 16.8% | 899 |
Total ordinary creditors | -45,519 | 16.8% | 7,652 |
Lost debts VAT | -708 | | |
Total Uses | -51,030 | | Distributable balance | – |
| |
Total Sources and Uses | -38,575 | | |
Type | Item | Consoli-dated | | Scenario – Receipt of Elbit proceeds |
Sources | Cash and cash equivalents | | | | |
Total cash and cash equivalents | 2,897 | | |
| | | |
Restricted deposits | | | |
Total restricted deposits | | | |
Restricted deposit for PUT options | 40,352 | | |
Commitment in respect of PUT option | -40,352 | | |
Customer accounts | | | |
Total customer accounts | - | | |
| | | |
Proceeds from the sale of assets | | | |
Fixed assets as of 30/6/2021 net of Telecostar | 308 | | |
| | | |
Institutions | | | |
Deposit seized by police | 250 | | |
Total institutions | 250 | | |
| | | |
Existing projects (net of direct costs and agents fees) | | | |
Elbit | 3,223 | | |
Total existing prohects | 3,223 | | |
| | – | | |
| | – | | |
| Consideration to cash on hand from acquisition of frame | 2,000 | | |
| Future consideration from exercising PUT option | 7,000 | | |
| Total sources | 15,678 | | |
Uses | Current payments forecast* | | | |
Total Current payments | -4,364 | | | |
| | | |
Specific liens | | Repayment % | Dividend Distribution |
Total specific liens | - | | 100% | 4,364 |
| | Distributable balance | 11,314 |
| | | | |
| | | Repayment % | Dividend Distribution |
Priority | | 100% | – |
Employee wages | -352 | | Distributable balance | 11,314 |
| | | |
Total priority | -352 | | 100% | 352 |
| | 100% | – |
| | 100% | 352 |
| | | |
General liens | | Distributable balance | 10,962 |
| | | |
Total general liens | - | | Repayment % | Dividend Distribution |
| | | 100% | – |
| | | Distributable balance | 10,962 |
| | | | |
Personal guarantee creditors | | Repayment % | Dividend Distribution |
Total Personal guarantee creditors | -87 | | 100% | 87 |
| | Distributable balance | 10,875 |
| - | | | |
| | | Repayment % | Dividend Distribution |
Ordinary creditors | | | |
Material shareholders’ debts (wages and ancillary) | - | | 23.9% | – |
Liabilities to material shareholders | - | 23.9% | – |
Indemnities not yet approved for material shareholders | - | 23.9% | – |
Vendors (ordinary creditors) | -5,858 | 23.9% | 1,400 |
Office management fee | -52 | 23.9% | 12 |
Professional Services | -1,471 | 23.9% | 351 |
Director remuneration | -115 | 23.9% | 27 |
Legal–Israel | -1,281 | 23.9% | 306 |
Legal–Overseas | -641 | 23.9% | 153 |
Miscellany | -806 | 23.9% | 192 |
Lawsuits | -28,709 | 23.9% | 6,859 |
Wages and ancillary (excluding Anatoly and Alex) | -1,104 | 23.9% | 264 |
Friends (previous lessor) | -131 | 23.9% | 31 |
Police debt (inc. repayment of deposit noted in Sources) | -5,350 | 23.9% | 1,278 |
Total ordinary creditors | -45,519 | | 23.9% | 10,875 |
Lost debts VAT | -708 | | | |
Total Uses | -51,030 | | Distributable balance | – |
Total Sources and Uses | -38,575 | | | |
The file below summarizes the (assessment) of the Company’s debts as follows )including VAT( component as applicable:
Debts: | Dollar | NIS | EURO | Debt category classification | Remarks |
Salaries June 2021 | $7,061 | NIS22,757 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries July 2021 | $15,562 | NIS 50,156 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries August 2021 | $15,562 | NIS 50,156 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries September 2021 | $9,958 | NIS 32,095 | | Salaries and benefits (all except Hurgin and Aurovsky) | There is a debt left at the rate of % 50 of Roni’s salary in light of the decrease in the scope of their position in % 50 starting from mid-June 2021 |
Salaries October 2021 | $14,948 | NIS 48,178 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries November 2021 | $14,948 | NIS 48,178 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries December 2021 | $14,948 | NIS 48,178 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries January 2022 | $14,948 | NIS 48,178 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Salaries February 2022 | $14,948 | NIS 48,178 | | Salaries and benefits (all except Hurgin and Aurovsky) | There remains a debt at the rate of % 50 of the salaries of Roni and Dalia in light of the decrease in the scope of their position in % 50 as of mid-June 2021 |
Vacation provision-Dalia | $18,897 | NIS 60,904 | | Salaries and benefits (all except Hurgin and Aurovsky) | |
Provision for convalescence- Dalia | $1,366 | NIS 4,401 | | Salaries and benefits (all except Hurgin and Aurovsky) | |
Provision for convalescence-Roni | $968 | NIS 3,120 | | Salaries and benefits (all except Hurgin and Aurovsky) | |
Completion of compensation - Dalia | $11,657 | NIS 37,572 | | Salaries and benefits (all except Hurgin and Aurovsky) | |
Completion of compensation - Roni | $37,725 | NIS 121,587 | | Salaries and benefits (all except Hurgin and Aurovsky) | |
Roni Reshef | $258,537 | NIS 833,264 | | Salaries and benefits (all except Hurgin and Aurovsky) | Roni is entitled to accumulated sales commission for various programs in several countries according to his work agreement |
Repayment of a loan to the police | $1,582,377 | NIS 5,100,000 | | Repayment of a loan to the police | On February 15, 2121, the Company (through Barnea) reached an agreement on the outline of the loan repayment as follows: (1) NIS 250 within 5 business days from the date of signing (paid), (2) NIS 2,100 until 31.5 2021, (3) NIS 1,500 until 31.7.2021 and (4) NIS 1,500 until 30.9.2021 (the last three amounts have not yet been paid) |
Maya Sedrina | $11,799 | NIS 38,029 | | Remuneration of directors | Remuneration of directors for 01/2021 |
Amir Ariel | $9,282 | NIS 29,916 | | Remuneration of directors | Remuneration of directors for 01/2021 |
Yossi Tene | $8,838 | NIS 28,485 | | Remuneration of directors | Remuneration of directors for 01/2021 |
Limor Baladav | $5,677 | NIS 18,296 | | Remuneration of directors | The balance of the directors’ remuneration debt for 19 days in January 2020 |
Eviatar Cohen | $241,859 | NIS 779,513 | | Professional Services | Fees for months 1-5 / 2021 + part of June 2021 and half of months 7 / 2021-1 / 2022 |
BDO | $23,270 | NIS 75,000 | | Professional Services | For an engagement agreement for the three statutory reports for 2020 |
Itzik Malka - Outsourcing for accounting and payroll | $128,700 | NIS 414,800 | | Professional Services | Debt balance as of 31.5.2021 + half of the fee for the months 6 / 2021-1 / 2022 |
Fahn Kana (Israel Gvirtz) - Internal Auditor | $3,993 | NIS 12,870 | | Professional Services | Half of the annual fee |
PwC IL - 20-F US Tax rider + PFIC | $2,925 | NIS 9,427 | | Professional Services | |
PwC IL - Professionals | $25,024 | NIS 80,652 | | Professional Services | |
Tomedes | $9,898 | NIS31,902 | | Professional Services | For translating the annual report for 2020 and translating files in the context of the General Assembly during May 2021 |
Donohue Advisory Associates LLC | $7,694 | NIS 24,798 | | Professional Services | |
Ran Rahav | $13,069 | NIS42,120 | | Professional Services | |
MG COMM | $254,353 | NIS 819,780 | € 224,198 | Suppliers | For December 2020, January 2021 - May 2021, less amounts paid on account of debt |
Council | $318,515 | NIS 1,026,572 | | Suppliers | In light of an email received on 1.6.2021 |
Continental | $9,087 | NIS 29,286 | | Suppliers | This is a debt until 30.4.2021 |
Edgar agents | $4,058 | NIS 13,079 | | Suppliers | This is a debt until 30.6.2021 |
Active Vision | $378 | NIS1,217 | | Suppliers | Payment for publication of a press release regarding a general meeting |
A company controlled by Yechi Ben-Shoshan | $218,050 | NIS 702,775 | | Suppliers | Payment for a project in a certain country |
Yedidim - the landlord of the property | $67,519 | NIS 217,613 | | rent | Unpaid rent balance for March-August 2021 - not including interest and linkage payments |
Beit Shevach | $16,134 | NIS 52,000 | | rent | Management fees for January-June 2021 |
Barnea | $328,168 | NIS1,057,685 | | Israeli lawyers | Total debt until 17.6.2021 |
HFN | $3,287 | NIS10,593 | | Israeli lawyers | By email from Olga Bondarenko dated 20.1.2022: NIS 5,294.34 - Q1-3 / 2020 NIS 5,298.19 - Q1 / 2021 |
Sam Katz - Attorney who helps with reports, etc. in the United States | $6,000 | NIS 19,338 | | Israeli lawyers | assessment |
Nati Simchoni (in the context of representing Roni Reshef) | $17,024 | NIS 54,867 | | Israeli lawyers | Balance of deductible and balance not covered by the insurer in respect of the Ministry of Defense investigation |
Noy Sennes Sperling and Courtyard (Representation of Dalia) | $5,148 | NIS 16,592 | | Israeli lawyers | The balance of the company’s deductible in respect of the Ministry of Defense investigation |
Crispin, Rubinstein, Belcher & Co. (Representation of Avi) | $761 | NIS 2,451 | | Israeli lawyers | The balance of the company’s deductible in respect of the Ministry of Defense investigation |
Meitar Liquornik Geva Leshem Tal (Eric’s Representation) | $7,898 | NIS 25,454 | | Israeli lawyers | A balance that is not covered by the insurer due to an investigation by the Ministry of Defense |
Shekel & Co. | $1,378 | NIS4,441 | | Israeli lawyers | |
Attorney Yael Tovi - Representation in Lawsuits in Florida | $3,380 | NIS 10,892 | | American lawyers | Balance due to debt until March 2021 less $ 30,000 paid by Anatoli directly to Adv. Yael Tovi |
Law Firm Munck Wilson Mandala Representation in lawsuits in Florida | $75,866 | NIS 244,516 | | American lawyers | Balance due for debt April 2021 (the office to which Yael Tovi moved as of April 2021) and assessment for the months of May and June 2021. |
McDermott - Pottash case | $119,706 | NIS 385,813 | | American lawyers | In light of an email from Michael Austin dated 06.10.2020 and an email from Maria dated 21.06.21. |
Anatoly Hurgin | $1,138,945 | NIS3,670,820 | | Debts to Hurgin and Aurovsky - salaries and related expenses | Salary cost for 9 / 2019-1 / 2022, including the effect of a decrease in the number of jobs starting from mid-June 2021 |
Alexander Aurowski | $1,157,520 | NIS3,730,686 | | Debts to Hurgin and Aurovsky - salaries and related expenses | Salary cost for 9 / 2019-1 / 2022, including the effect of a decrease in the number of jobs starting from mid-June 2021 |
Anatoly - for payment of D&O insurance premium | $230,000 | NIS 741,290 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | Premium renewal of the D&O insurance policy for the period 20.2.2022 - 21.2.2021 - which was paid by Anatoly |
Anatoly - for payment to Yael Tovi | $30,000 | NIS 96,690 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | |
Anatoly - for payment to Adin-Liss * | $39,932 | NIS128,700 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | Payment to a law firm that replaced Gilat-Barkat with representing the company in connection with the patent infringement lawsuit |
Anatoly - for payment to EY | $21,781 | NIS70,200 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | Payment to an expert witness in the context of a patent infringement claim |
Anatoly - for payment to Luti * | $4,654 | NIS15,000 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | Payment to an attorney representing the plaintiffs in the patent infringement proceedings |
Anatoly - for payment to Gilat Barkat * | $472 | NIS1,521 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | Payment to an attorney who represented the plaintiffs in the patent infringement proceedings |
Anatoly - for payment to Morrison Cohen * | $33,203 | NIS 107,013 | | Debts to Hurgin and Aurovsky - Reimbursement of Expenses | Payment to an attorney who in principle represents Anatoly and Alex but this fee is for services to the company |
Anatoly - for payment to Nati Simchoni * | $23,400 | NIS 75,418 | | Indemnities not yet approved for Khurgin and Aurovsky | The balance of the company’s deductible in respect of the Ministry of Defense investigation |
Anatoly - for payment to Navot Tel Tzur * | $140,400 | NIS 452,509 | | Indemnities not yet approved for Khurgin and Aurovsky | A balance that is not covered by the insurer in the context of the Ministry of Defense investigation |
Alex - for payment in the Eini Litvak * | $20,651 | NIS 66,557 | | Indemnities not yet approved for Khurgin and Aurovsky | Balance of deductible and balance not covered by the insurer in respect of the Ministry of Defense investigation |
Nati Simchoni (in the context of representing Anatoly and Alex) * | $31,005 | NIS 99,929 | | Indemnities not yet approved for Khurgin and Aurovsky | The balance of the company’s deductible in respect of the Ministry of Defense investigation |
Indemnification of legal expenses in the context of Depositions | $27,946 | NIS 90,070 | | Israeli lawyers | Commitment for positions to the SEC of the former directors |
others | $250,000 | NIS 805,750 | | Various | assessment |
CT Circles | $1,987,477 | NIS 6,405,638 | | Suppliers | Old debt balance |
Heronis | $39,000 | NIS 125,697 | | Suppliers | Represents 2% of the balance of receipt from Elbit ($ 1,950,000) that has not yet been collected |
Wilmer Hale | $579,719 | NIS 1,868,434 | | American lawyers | For representing Ben Gordon |
Latham & Watkins LLP | $369,865 | NIS 1,192,076 | | American lawyers | For representing Ben Gordon |
Struck & Struk & Lavan LLP | $43,405 | NIS 139,895 | | American lawyers | For representing Ben Gordon |
Provision for VAT in respect of Migdal | $564,973 | NIS 1,820,908 | | Provision for input VAT required | Provision for input VAT required in connection with expenses arising from the merger transaction in 2015. |
Provision for VAT in respect of Sonia Rosenhak | $214,748 | NIS 692,132 | | Provision for input VAT required | Provision for input VAT required in connection with the settlement agreement with Sonia Rosenhack |
TOTAL | $10,932,239 | NIS 35,234,607 | | | |
The list below includes the total number of claims due to the legal proceedings against the company |
| | | | | |
Pottash and Hammel settlement | $3,127,376 | NIS 10,079,533 | | Legal proceedings against the company | Note 11.A.4 to the Company’s consolidated financial statements as of December 31, 2020. |
Patent settlement | $1,551,350 | NIS5,000,000 | | Legal proceedings against the company | This is Ben Gordon’s lawsuit against the company’s directors’ insurance company and officers. The company has an obligation to indemnify the insurance company in accordance with 1 h 6% 66 - 9% 96 - 63% 0 signed with it (not set forth in the books). See Note 11.A.6 to the Company’s consolidated financial statements as of December 31, 2020. |
Ben Gordon case | $4,033,509 | NIS78,318,900 | | Legal proceedings against the company | Note 11.A.4 to the Company’s consolidated financial statements as of December 31, 2020. |
Sec- bifurcated settlement | $24,300,000 | NIS78,318,900 | | Legal proceedings against the company | Pursuant to that stated in Note 11.A.8 of the Company’s consolidated financial statements included in the annual report dated December 31, 2020, which was published on March 29, 2021 (reference number: 2020-01-049623) (the “Annual Report”), with respect to the bifurcated settlement agreement reached with the US Securities and Exchange Commission (the “SEC”), which is included here by reference, and according to which the Company and its subsidiary, Ability Computer Software Industries Ltd. (“Ability Industries”), agreed to settle the first phase of the proceeding, without admitting or denying the charges attributed to them, in order to discontinue litigating on the question of liability, while leaving the disgorgement amount to be decided by the Court in the second phase of the litigation based upon a motion to be made by the SEC, the Company hereby updates that on January 12, 2022, the SEC has filed such a motion with the Court (the “Motion”). The SEC’s Motion asks the Court to enter a final judgment against the Company and Ability Industries for approximately $ 24.3 million, consisting of approximately $ 19 million in disgorgement and approximately $ 5.3 million in prejudgment interest. |
Investigation by the police and the Israeli Ministry of Defense | | | | Legal proceedings against the company | In respect of a financial sanction insofar as it is imposed on the company as part of an investigation by the Israeli Ministry of Defense. See Note 11.A7 and 5 to the Company’s consolidated financial statements as of December 31, 2020 |
Gilat Barkat | $195,277 | NIS 629,378 | | Legal proceedings against the company | Gilat Barkat’s Office “represented the company and other defendants in the patent litigation process (see above). The representation ceased in light of the non-payment of their fees and on September 29, 211, the entire Ability Group and other defendants sued in light of the non-payment of their fees. |
Total | $33,207,512 | NIS 107,027,811 | | | |