SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13A-16 OR 15D-16 OF THE SECURITIES EXCHANGE ACT OF 1934
FILING NO.4 FOR THE MONTH OF NOVEMBER 2008
INDUSTRIAL DEVELOPMENT BANK OF ISRAEL LIMITED
(Translation of Registrant's name in English)
82 MENAHEM BEGIN ROAD, TEL AVIV, ISRAEL
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual
reports under cover of Form 20-F or Form 40-F:
Form 20-F [X] Form 40-F [_]
Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(1): ____
Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(7): ____
Indicate by check mark whether the registrant by furnishing the information
contained in this Form, the registrant is also thereby furnishing the
information to the Commission pursuant to Rule 12g3-2(b) under the Securities
Exchange Act of 1934.
Yes [_] No [X]
If "Yes" is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-________
INDUSTRIAL DEVELOPMENT BANK OF ISRAEL LIMITED
On November 25, 2008, the Industrial Development Bank of Israel Limited
("Registrant" or "Bank") issued an Immediate Report giving notice that the Tel
Aviv District Court approved on November 24, 2008 the settlement and arrangement
plan between the Bank and its shareholders that the Bank filed with the Court on
July 6, 2008 ("the Plan").
The Plan was approved after the Bank reached an understanding, during the
hearing in court, with Lehava Chatamim Ltd., which filed a derivative action
against officers of the Bank (an action which was dismissed by the Tel Aviv
District Court and an appeal of the said dismissal was pending before the
Supreme Court), by which the objection against the Plan filed by Lehava Chatamim
Ltd. will be dismissed and its said appeal will be struck out, and the Bank will
pay the sum of NIS 100,000 (plus VAT) to cover Lehava's attorneys fees.
Together with the Plan, on July 6, 2008, the Bank filed with the Tel Aviv
District Court an application to approve a distribution that does not comply
with the profit test according to the Companies Law - 1999, a distribution that
may result from the implementation of the alternate scenarios within the
framework of the Plan. This application was also approved by the Court, on
November 20, 2008.
A translation of the Immediate Report is included as Exhibit 1 to this Form 6-K.
FORWARD-LOOKING STATEMENTS
This report on Form 6-K, and the Immediate Report attached hereto, contain both
historical and forward-looking statements within the meaning of Section 27A of
the U.S. Securities Act of 1933, as amended (the "Securities Act") and Section
21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act").
These forward-looking statements are not historical facts, but only predictions,
and generally can be identified by the use of statements that include phrases
such as "believe," "expect," "anticipate," "intend," "plan," "foresee" or other
words or phrases of similar import. Similarly, statements that describe our
objectives, plans or goals also are forward-looking statements. These
forward-looking statements are based on our current expectations and are subject
to risks and uncertainties that could cause actual results to differ materially
from those currently anticipated. The forward-looking statements included in
this report on Form 6-K and the Immediate Report are made only as of the date
hereof and we undertake no obligation to publicly update these forward-looking
statements to reflect new information, future events or otherwise.
Our actual results, performance and achievements could differ materially from
any future results, performance or achievements expressly predicted or implied
by these forward looking statements. The important factors which may cause
actual results to differ from the forward-looking statements contained herein
and in the Immediate Report include, but are not limited to, the following:
general economic and business conditions; the implementation of the government's
resolution concerning the privatization of the Bank and the implementation of
the arrangement and compromise scheme between the Bank and its shareholders
regarding, among other things, the sale of the shares of the Bank, a scheme
which was approved by the Bank's shareholders on October 30, 2008 and November
6, 2008 and by the Tel Aviv District Court on November 24, 2008; the continued
availability of our line of credit from the Bank of Israel; the government's
and/or the Bank of Israel's resolutions regarding our future operations; our
ability to collect on existing loans; operating costs for our remaining business
activities; and the ability to retain employees for our remaining business
activities. Although we believe that the assumptions underlying the
forward-looking statements contained herein and in the Immediate Report are
reasonable, any of the assumptions could be inaccurate, and therefore, there can
be no assurance that the forward-looking statements will prove to be accurate.
In light of the significant uncertainties inherent in the forward-looking
statements included herein and in the 2007 annual financial report, the
inclusion of such information should not be regarded as a representation by us
or any other person that our objectives and expectations will be achieved.
Potential investors and other readers are urged to consider these factors
carefully in evaluating the forward-looking statements and are cautioned not to
place undue reliance on these forward-looking statements. In light of these
risks, uncertainties and assumptions, the forward-looking events might or might
not occur. We cannot assure you that projected results or events will be
achieved.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
INDUSTRIAL DEVELOPMENT BANK
OF ISRAEL LIMITED
Date: November 25, 2008 By: /s/ Michael Warzager
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Michael Warzager
General Counsel
By: /s/ Natan Atlas
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Natan Atlas
General Secretary