Dear Mr. Barlach
I'd like to confirm what was said at my visit to the bank today, and to stress once again that there must be no transaction in my accounts without my explicit authorization.
Please cancel from my account the two debits of $1,250,000.- and $750,000.-, with any interest or commissions charged on same, and debit Spandex directly, for the principal plus interest at Libor + 1% as agreed.
I would like to reiterate that I am very interested in the pledge option – it is of a particular importance to me. You promised me two months ago that you would negotiate with Bank Hapoalim on this matter. Please deal with this matter urgently. Many thanks.
Best regards,
A. Gesundheit
(ההדגשה במקור. להלן: המכתב השני או המכתב מיום 16.7.2000).
(ג) המכתב השלישי הרלוונטי לענייננו נשלח על ידי התובע כשנה לאחר המכתב השני, ביום 1.7.2001, ובו נכתב כדלקמן:
Dear Mr. Barlach
I received a few days ago a sheaf of documents relating to several accounts.
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I haven't had a chance yet to look through them in detail, but thank you for this delivery. Anyway, as Mr. Yakirevich [בא כוח התובע בענייניו מול הבנק]wrote to you on 26/6/01, we're still missing the documents for several other companies (BRS, Spandex, Shoham, Beniav, Couru), and the information relating specifically to K.F. Chemical, as per Mr. Yakirevich's letter of 5/6/01 (not to exclude any other material still outstanding).
Independently, I hereby instruct you, as from today, to regard all guarantees and/or pledge and/or liens given by me, or by any proxy of mine, as null and void for any future reference: no indebtedness whatever is to be created from now on the basis of these in any of my accounts, be it in the account itself or for another account or accounts, or for any purpose whatever. ("My accounts" includes, for this purpose only, the accounts of all companies owned or controlled by me).
In addition, any power of attorney or authorization I gave anyone is null and void, with the sole exception of the authorization held by Mr. H. Sapir to act in the account of K.F. Chemical Co. Ltd. only.