-----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, HfCqFdhdErXQXoh3JDuOqEP2aOiO35aLOCypAW7kI4LLwvgQJj9++HFy/5g7Rvaf /dF+QMWlSXSG4EFApYcVgQ== 0000935226-00-000004.txt : 20000211 0000935226-00-000004.hdr.sgml : 20000211 ACCESSION NUMBER: 0000935226-00-000004 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19990328 FILED AS OF DATE: 20000210 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BENIHANA INC CENTRAL INDEX KEY: 0000935226 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 650538630 STATE OF INCORPORATION: DE FISCAL YEAR END: 0328 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: SEC FILE NUMBER: 000-26396 FILM NUMBER: 531108 BUSINESS ADDRESS: STREET 1: 8685 NW 53RD TERRACE CITY: MIAMI STATE: FL ZIP: 33166 BUSINESS PHONE: 3055930770 MAIL ADDRESS: STREET 1: 8685 NW 53RD TERRACE CITY: MIAMI STATE: FL ZIP: 33166 10-K/A 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended March 28, 1999 or, [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File No. 0-26396 Benihana Inc. ----------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 65-0538630 ------------------------------- ------------------- (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 8685 Northwest 53rd Terrace, Miami, Florida 33166 ------------------------------------------- ----- (Address of principal executive offices) (Zip Code) (Registrant's telephone number, including area code): (305) 593-0770 Securities registered pursuant to Section 12(b) of the Act: None Securities registered pursuant to Section 12 (g) of the Act: Common Stock, par value $.10 per share Class A Common Stock, par value $.10 per share Preferred Share Purchase Right Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months and (2) has been subject to such filing requirements for the past 90 days. Yes X No Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. [ ] As of June 4, 1999, 3,571,616 shares of Common Stock and 2,566,676 shares of Class A Common Stock were outstanding, and the aggregate market value of the common equity of Benihana Inc. held by non-affiliates was approximately $44,754,076. DOCUMENTS INCORPORATED BY REFERENCE Portions of the Registrant's Annual Report to Stockholders for the year ended March 28, 1999 are incorporated by reference in Parts I and II. Portions of the Registrant's Proxy Statement for the Annual Meeting to be held August 5, 1999 are incorporated by reference in Part III. 1 PART II Item 5. Market for the Company's Common Stock and Related Stockholder Matters The information required by this Item is incorporated herein by reference to page 27 of the Company's 1999 Annual Report to Shareholders. Item 6. Selected Consolidated Financial Data The information required by this Item is incorporated herein by reference to page 6 of the Company's 1999 Annual Report to Shareholders. Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations The information required by this Item is incorporated herein by reference to pages 7 through 11 of the Company's 1999 Annual Report to Shareholders. Item 7.A. Quantitative and Qualitative Disclosures About Market Risks The information required by this item is incorporated herein by reference to page 11 of the Company's 1999 Annual Report to Shareholders. Item 8. Financial Statements and Supplementary Data The information required by this Item is incorporated herein by reference to pages 12 through 26 of the Company's 1999 Annual Report to Shareholders. Item 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosure None. 2 SIGNATURES Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. Date: February 8, 2000 BENIHANA INC. ------------------------ By: /s/ Joel A. Schwartz -------------------------------- Joel A. Schwartz, President Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed on the date indicated above by the following persons on behalf of the registrant and in the capacities indicated. Signature Title Date - --------- ----- ---- /s/ Joel A. Schwartz President and February 8, 2000 - --------------------------- Director (Principal Joel A. Schwartz Excutive Officer) /s/ Taka Yoshimoto Executive Vice President - February 8, 2000 - --------------------------- Restaurant Operations Taka Yoshimoto and Director /s/ Michael R. Burris Senior Vice President of February 8, 2000 - --------------------------- Finance and Treasurer - Michael R. Burris Chief Financial Officer Accounting Officer) /s/ Kevin Aoki Vice President - February 8, 2000 - --------------------------- Marketing and Director Kevin Aoki /s/ Juan C. Garcia Vice President/Controller February 8, 2000 - --------------------------- Juan C. Garcia /s/ Darwin C. Dornbush Secretary and Director February 8, 2000 - --------------------------- Darwin C. Dornbush /s/ John E. Abdo Director February 8, 2000 - --------------------------- John E. Abdo /s/ Norman Becker Director February 8, 2000 Norman Becker /s/ Robert B. Greenberg Director February 8, 2000 - ---------------------------- Robert B. Greenberg 3 -----END PRIVACY-ENHANCED MESSAGE-----