Current Report Filing (8-k)
December 19 2018 - 04:17PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or Section 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
December
19, 2018
ARK RESTAURANTS CORP.
(Exact name of registrant as specified in
its charter)
New York
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1-09453
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13-3156768
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(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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85 Fifth Avenue
New York, New York 10003
(Address of principal executive offices,
with zip code)
Registrant’s telephone number, including
area code:
(212) 206-8800
Indicate by check mark whether the registrant
is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2
of the Securities Exchange Act of 1934 (§240.12b of this chapter).
Emerging
growth company
o
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for
complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
o
Check the appropriate box below if the Form 8-K filing is intended
to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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o
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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o
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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o
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e -4(c))
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Item 2.02
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Results of Operations and Financial Condition
.
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On December 19, 2018,
Ark Restaurants Corp. (the “Company”) issued a press release announcing financial results for the fourth fiscal quarter
and fiscal year ended September 29, 2018. A copy of the press release titled “Ark Restaurants Announces Financial Results
for the Fourth Quarter and Fiscal Year Ended 2018” is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
The press release contains
certain non-GAAP Disclosures such as EBITDA-Earnings before interest, taxes, depreciation and amortization and EBITDA from restaurant
operations as adjusted for non-controlling interests, non-cash stock option expense and a gain on the sale of real estate. Although
EBITDA is not a measure of performance or liquidity calculated in accordance with generally accepted accounting principles (GAAP),
the Company believes the use of this non-GAAP financial measure enhances an overall understanding of the Company’s past financial
performance, as well as providing useful information to the investor because of its historical use by the Company as both a performance
measure and measure of liquidity, and the use of EBITDA by virtually all companies in the restaurant sector as a measure of both
performance and liquidity.
This information is
intended to be furnished under this Item 2.02 of Form 8-K and shall not be deemed “filed” for purposes of Section 18
of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing
under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference
in such a filing.
Item 9.01.
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Financial Statements and Exhibits.
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(d) Exhibits
99.1 Press Release, dated December 19, 2018
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
hereunto duly authorized.
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ARK RESTAURANTS CORP.
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/s/ Michael Weinstein
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By:
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Name: Michael Weinstein
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Title: Chief Executive Officer
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Date: December 19, 2018
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