21 unchanged sentences
Discovery has been completed and both parties have filed motions for summary judgment in connection with the claims and counterclaims.
−Removed: July 5, 2021, the Company was served with a legal complaint filed by Fidelity Venture Capital Ltd.
+Added: July 5, 2021, we were served with a legal complaint filed by Fidelity Venture Capital Ltd.
and Dror Atzmon in the Magistrate’s
Court in Tel Aviv for a monetary award in an amount of NIS 1,436,679 and declaratory relief.
−Removed: The plaintiffs allege that the Company breached
−Removed: its contractual obligations to pay them for services allegedly rendered to the Company by the plaintiffs under a certain consulting agreement
−Removed: in an amount of NIS 819,000.
−Removed: Additionally, the plaintiffs allege that the Company should compensate them for losses allegedly incurred
−Removed: by them following their investment in the Company’s shares issued under a certain private offering.
+Added: The plaintiffs allege that we breached
+Added: our contractual obligations to pay them for services allegedly rendered to us by the plaintiffs under a certain consulting
+Added: agreement in an amount of NIS 819,000.
+Added: Additionally, the plaintiffs allege that we should compensate them for losses allegedly
+Added: incurred by them following their investment in our shares issued under a certain private offering.
In the alternative, the plaintiffs
1 unchanged sentence
of NIS 1,329,650.
−Removed: At this preliminary stage, before any fact finding and pre-trial procedures (including disclosure of documents) have
−Removed: been conducted and before the statement of defense has been prepared and filed, we cannot evaluate the chances of the claim to succeed.
+Added: We filed our statement of defense
+Added: on October 25, 2021.
+Added: The first preliminary court hearing of the case is scheduled for Janua1y 23 2022.
+Added: At this preliminary
+Added: stage, before any fact finding and pre-trial procedures (including disclosure of documents) have been conducted, we cannot evaluate
+Added: the chances of the claim to succeed.
+Added: On September 22, 2021,
+Added: Custodian Ventures, LLC, or Custodian, commenced an action in the Court of Chancery of the State of Delaware
+Added: captioned, Custodian Ventures, LLC v.
+Added: Mysize, Inc., C.A.
+Added: 2021-0817-LWW , or the Delaware Action.
+Added: In the Delaware
+Added: Action, Custodian sought an order from the Court of Chancery pursuant to Section 211 of the General Corporation Law of the State of
+Added: Delaware compelling us to hold an annual meeting.
+Added: On November 4, 2021, we entered into a settlement agreement, or the Settlement
+Added: Agreement, with Custodian, Activist Investing LLC, David Aboudi, Partick Loney and David Natan, collectively, the Lazar Parties, settling
+Added: and dismissing the Delaware Action.
+Added: On October 19, 2021, we commenced
+Added: an action in the United States District Court for the Southern District of New York captioned My Size, Inc.
+Added: David Lazar, Custodian
+Added: Ventures LLC, Activist Investing LLC, Milton C.
+Added: Ault III, Ault Alpha LP, Ault Alpha GP LLC, Ault Capital Management LLC, Ault & Company
+Added: Inc., David Aboudi, Patrick Loney and David Nathan, Civil Action No, 1:21-cv-08585, pursuant to Sections 13(d) and 14(a) of the Securities
+Added: Exchange Act of 1934, and certain rules promulgated thereunder, or the SDNY Action.
+Added: The complaint sought, among other things, declaratory
+Added: and injunctive relief related to defendants’ efforts to nominate a slate of directors for election at our next annual meeting of.
+Added: The complaint alleged that the defendants formed an undisclosed “group” for purposes of Section 13(d) and has misrepresented
+Added: its true purpose in purchasing My Size, Inc.
+Added: stock in filings made with the SEC.
+Added: In addition, the complaint alleged that the defendants
+Added: engaged in an unlawful solicitation of investors in violation of the Exchange Act proxy rules in connection with their efforts to elect
+Added: a slate of directors to our board of directors.
+Added: On October 20, 2021, the Court signed an order granting a hearing on an anticipated motion
+Added: for a preliminary injunction and expedited scheduling and discovery in aid thereof, and scheduled that hearing for December 2, 2021.
+Added: On November 4, 2021, we entered into the Settlement Agreement with the Lazar Parties settling and dismissing the claims asserted in the
+Added: SDNY Action and the Delaware Action against one another.
+Added: On November 8, 2021, the remaining defendants in the SDNY Action filed and answer
+Added: and counterclaim asserting a claim against us pursuant to New York Civil Rights Law Section 70-a, also known as New York’s anti-SLAPP
+Added: Risk Factors.
+Added: Not required for a smaller
+Added: reporting company.
+Added: Unregistered Sales of Equity Securities and Use of Proceeds.
+Added: Defaults Upon Senior Securities.
+Added: Mine Safety Disclosures.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.