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): August 14, 2018

 

ARK RESTAURANTS CORP.

(Exact name of registrant as specified in its charter)

 

New York   1-09453   13-3156768  

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(IRS Employer

Identification No.)

 

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 Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) 
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) 
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) 
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e -4(c)) 
 
Item 7.01Regulation FD Disclosure.

 

The following information, which has not previously been disclosed, is furnished pursuant to Item 7.01 “Regulation FD Disclosure.” Ark Restaurants Corp. (the “Company”) is furnishing the following information which was discussed during an earnings release conference call with investors on August 14, 2018.

 

Michael Weinstein, the Company’s Chief Executive Officer, reported that prior guidance no longer seems achievable. The Company projected total EBITDA of $14,432,000 for fiscal 2018 with add-ins was based on historical performance without taking into account any potential increases in Las Vegas operations. The Company’s calculations have been adversely affected by the number of rain days for outdoor seating, as well as the amount of time it has taken to recapture event space at the reopened Sequoia in Washington, D.C.

 

Except for historical information, this report contains forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements involve unknown risks, and uncertainties that may cause the Company’s actual results or outcomes to be materially different from those anticipated and discussed herein. Important factors that might cause such differences are discussed in the Company’s filings with the Securities and Exchange Commission. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. Actual results could differ materially from those anticipated in these forward-looking statements, if new information becomes available in the future.

 

Item 9.01.Financial Statements and Exhibits.

 

Exhibits

 

None

 

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.

 

  ARK RESTAURANTS CORP.
     
         /s/ Michael Weinstein
  By: Name: Michael Weinstein
    Title: Chief Executive Officer
     
Date: August 14, 2018