-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, P64HHc+ex3UKs4V/mm++KouFVtPcktbwrAAJMqinzgfF0OsOju6/Kj4l89Nw94ai pPTxoReqWqHuA+BT723LHw== 0001157523-09-005792.txt : 20090807 0001157523-09-005792.hdr.sgml : 20090807 20090807113313 ACCESSION NUMBER: 0001157523-09-005792 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090807 ITEM INFORMATION: Results of Operations and Financial Condition FILED AS OF DATE: 20090807 DATE AS OF CHANGE: 20090807 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ARK RESTAURANTS CORP CENTRAL INDEX KEY: 0000779544 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 133156768 STATE OF INCORPORATION: NY FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09453 FILM NUMBER: 09994127 BUSINESS ADDRESS: STREET 1: 85 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10003-3019 BUSINESS PHONE: 2122068800 MAIL ADDRESS: STREET 1: 85 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10003-3019 8-K 1 a6025344.htm ARK RESTAURANTS CORP. 8-K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549


Form 8-K


Current Report

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): August 7, 2009

ARK RESTAURANTS CORP.
(Exact name of registrant as specified in its charter)

Commission file number 0-14030


New York

 

13-3156768

(State or other jurisdiction of
incorporation or organization)

 

(I.R.S. Employer
Identification No.)


85 Fifth Avenue
New York, NY 10003

(Address of principal executive offices, with zip code)


(212) 206-8800
(Registrant's telephone number, including area code)


N/A
(Former name or former address, if changed since last report)

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:

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Item 2.02.     Results of Operations and Financial Condition

The information in this Current Report is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act"), or otherwise subject to the liabilities of that Section. The information in this Current Report shall not be incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

On August 7, 2009, Ark Restaurants Corp. issued a press release announcing its financial results for its third quarter and nine months ended June 27, 2009, the text of which is furnished herewith as Exhibit 99.1.


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 RESTAURANT CORP.

 

 

 

 

By:

/s/ Michael Weinstein

Chief Executive Officer

 
 
 

Date:

August 7, 2009


INDEX TO EXHIBITS

Exhibit

Description

99.1

Press Release dated August 7, 2009 entitled "Ark Restaurants Announces Financial Results for the Third Quarter and Nine Months Ended June 27, 2009."

EX-99.1 2 a6025344-ex991.htm EXHIBIT 99.1

Exhibit 99.1

Ark Restaurants Announces Financial Results for the Third Quarter and Nine Months Ended June 27, 2009

NEW YORK--(BUSINESS WIRE)--August 7, 2009--Ark Restaurants Corp. (NASDAQ:ARKR) today reported financial results for the third quarter and nine month periods ended June 27, 2009.

Total revenues from continuing operations for the three month period ended June 27, 2009 were $31.1 million versus $36 million in the same period last year. Total revenues from continuing operations for the nine month period ended June 27, 2009 were $81.7 million versus $90.8 million in the same period last year.

EBITDA from continuing operations for the three month period ended June 27, 2009 was $3,430,000 versus $5,692,000 during the same three month period last year. EBITDA from continuing operations for the nine month period ended June 27, 2009 was $4,872,000 versus $9,443,000 during the same nine month period last year.

For the three months ended June 27, 2009, the Company’s net income from continuing operations was $1,597,000, or $0.46 per share ($0.46 per diluted share), compared to $3,250,000, or $0.90 per share ($0.90 per diluted share), for the same period last year. For the nine months ended June 27, 2009, the Company’s net income from continuing operations was $1,733,000, or $0.50 per share ($0.50 per diluted share), compared to $4,945,000, or $1.37 per share ($1.37 per diluted share), for the same period last year.

Company-wide same store sales decreased 14.3% compared to the same three month period last year and decreased 13.1% compared to the same nine month period last year.

As of June 27, 2009, the Company had cash, cash equivalents and short term investments totaling $10,527,000. As of the same date, the Company had no long-term debt other than $560,000 remaining due on a five year purchase money obligation undertaken in connection with the Company’s January 8, 2007 acquisition of the Durgin Park Restaurant and the Black Horse Tavern in Boston, Massachusetts.

Ark Restaurants owns and operates 20 restaurants and bars, 30 fast food concepts, catering operations and wholesale and retail bakeries. Seven restaurants are located in New York City, four are located in Washington, D.C., five are located in Las Vegas, Nevada, two are located in Atlantic City, New Jersey, one is located at the Foxwoods Resort Casino in Ledyard, Connecticut and one is located in Boston, Massachusetts. The Las Vegas operations include three restaurants within the New York-New York Hotel & Casino Resort and operation of the hotel's room service, banquet facilities, employee dining room and nine food court concepts; one bar within the Venetian Casino Resort as well as three food court concepts. The Florida operations under management include five fast food facilities in Tampa, Florida and seven fast food facilities in Hollywood, Florida, each at a Hard Rock Hotel and Casino operated by the Seminole Indian Tribe at these locations. In Atlantic City, New Jersey, the Company operates a restaurant and a bar in the Resorts Atlantic City Hotel and Casino. In Boston, Massachusetts, the Company operates a restaurant in the Faneuil Hall Marketplace.

Except for historical information, this news release contains forward-looking statements, which 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 fillings 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.


 
ARK RESTAURANTS CORP.
Condensed Consolidated Income Statement
For the 13 week and 39 week periods ended June 27, 2009 and June 28, 2008  
(In Thousands, Except per share amounts)  
   
 
13 weeks ended 13 weeks ended 39 weeks ended 39 weeks ended
 
June 27, June 28, June 27, June 28,
2009 2008 2009 2008
 
TOTAL REVENUES $ 31,123   $ 36,077   $ 81,672   $ 90,764  
 
COST AND EXPENSES:
 
Food and beverage cost of sales 7,945 9,224 20,743 23,384
Payroll expenses 9,577 10,125 26,619 28,023
Occupancy expenses 4,134 4,696 12,367 12,259
Other operating costs and expenses 3,871 4,063 11,014 11,209
General and administrative expenses 2,195 2,260 6,833 6,594
Depreciation and amortization expenses   917     771     2,687     2,153  
 
Total costs and expenses   28,639     31,139     80,263     83,622  
 
OPERATING INCOME (LOSS)   2,484     4,938     1,409     7,142  
 
OTHER INCOME:
 
Interest income - net 45 91 250 353
Other income   117     158     503     322  
Total other income   162     249     753     675  
 
Income from continuing operations
before income taxes 2,646 5,187 2,162 7,817
 
Provision for income taxes 961 1,762 702 2,698
 
(Income) loss attributable to non-controlling interests   (88 )   (175 )   273     (174 )
 
Income from continuing operations   1,597     3,250     1,733     4,945  
 
DISCONTINUED OPERATIONS:
Income (loss) from operations of discontinued restaurants - (178 ) - 33
 
Provision (benefit) for income taxes   -     (64 )   -     12  
 
Income (loss) from discontinued operations   -     (114 )   -     21  
 
NET INCOME $ 1,597   $ 3,136   $ 1,733   $ 4,966  
 
 
PER SHARE INFORMATION - BASIC AND DILUTED:
 
Continuing operations basic $ .46 $ .90 $ .50 $ 1.37
Discontinued operations basic $ 0   $ (.03 ) $ 0   $ .01  
Net basic $ .46   $ .87   $ .50   $ 1.38  
 
Continuing operations diluted $ .46 $ .90 $ .50 $ 1.37
Discontinued operations diluted $ 0   $ (.03 ) $ 0   $ .01  
Net diluted $ .46   $ .87   $ .50   $ 1.38  
 
 
WEIGHTED AVERAGE NUMBER OF SHARES-BASIC   3,490     3,597     3,495     3,597  
 
WEIGHTED AVERAGE NUMBER OF SHARES-DILUTED   3,490     3,597     3,495     3,612  
 
Continuing Operations EBITDA Reconciliation
Pre tax earnings (net of non-controlling interests) $ 2,558 $ 5,012 $ 2,435 $ 7,643
Depreciation and amortization 917 771 2,687 2,153
Interest   (45 )   (91 )   (250 )   (353 )
EBITDA (a) $ 3,430   $ 5,692   $ 4,872   $ 9,443  
 
Continuing Operations EBITDA adjusted for
non-cash stock option expense
EBITDA (as defined) (a) $ 3,430 $ 5,692 $ 4,872 $ 9,443
Non-cash stock option expense   122     78     278     234  
EBITDA adjusted for non-cash stock option expense $ 3,552   $ 5,770   $ 5,150   $ 9,677  

 

(a) EBITDA is defined as earnings before interest, taxes, depreciation and amortization and cumulative effect of changes in accounting principle. 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 the non-GAAP financial measure EBITDA 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. However, investors should not consider this measure in isolation or as a substitute for net income, operating income, cash flows from operating activities or any other measure for determining the Company's operating performance or liquidity that is calculated in accordance with GAAP, it may not necessarily be comparable to similarly titled Measures employed by other companies. A reconciliation of EBITDA to the most comparable GAAP financial measure, net income, is included above.

CONTACT:
Ark Restaurants Corp.
Robert Towers, 212-206-8800
bob@arkrestaurants.com

-----END PRIVACY-ENHANCED MESSAGE-----