Current Report Filing (8-k)
December 30 2016 - 06:06AM
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 29, 2016
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
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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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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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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e -4(c))
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1
Item 2.02 Results of Operations and
Financial Condition
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On
December 29, 2016, ARK Restaurants Corp. (the “Company”) issued a press release announcing financial results for the
fourth quarter and full year ended October 1, 2016. A copy of the press release titled “Ark Restaurants Announces Financial
Results for the Fourth Quarter and Full Year of 2016” is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
The
press release contains certain non-GAAP Disclosures-Continuing Operations EBITDA-Earnings before interest, taxes, depreciation
and amortization adjusted for non-cash stock option expense and non-controlling interests. 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)
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Exhibits
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99.1
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Press Release,
dated December 29, 2016
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2
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 29, 2016
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3
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