Current Report Filing (8-k)
May 15 2017 - 05:01PM
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):
May 12, 2017
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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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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Indicate by check mark whether the registrant is an emerging
growth company as defined in Rule 450 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities
Exchange Act of 1934 (§240.12b-2 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
Item 2.02
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Results of Operations and Financial Condition
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On May 12, 2017, ARK
Restaurants Corp. (the “Company”) issued a press release announcing financial results for the second fiscal quarter
ended April 1, 2017. A copy of the press release titled “Ark Restaurants Announces Financial Results for the Second Quarter
of 2017” 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 May 12, 2017
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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: May 12, 2017
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