-----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, RLFH8C6CqaYTiGKD2Lefc1RhVxWwkXQ1QKWynJz+4NApe6hsprpalz2mMyYSB+Hg nvsiXkWmfV+docZ0v7YBBA== 0000935226-00-000035.txt : 20001229 0000935226-00-000035.hdr.sgml : 20001229 ACCESSION NUMBER: 0000935226-00-000035 CONFORMED SUBMISSION TYPE: 10-Q/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20001008 FILED AS OF DATE: 20001228 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-Q/A SEC ACT: SEC FILE NUMBER: 000-26396 FILM NUMBER: 797615 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-Q/A 1 0001.txt FORM 10-Q/A SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q/A [X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarter Ended October 8, 2000 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 None - ------------------------------------------------------------------------------- Former name, former address and former fiscal year, if changed since last report 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 (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No Indicate by number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date. Common Stock $.10 par value, 3,579,116 shares outstanding at November 8, 2000 Class A Common Stock $.10 par value, 2,589,213 shares outstanding at November 8, 2000 BENIHANA INC. AND SUBSIDIARIES PART II - Other Information Item 4. Results of Vote of Security Holders. (a) The registrant held its annual meeting of stockholders on August 3, 2000. (b) The following directors were elected at the meeting: John E. Abdo and Norman Becker Other directors whose term of office continue after the meeting are set forth below: Joel A. Schwartz, Darwin C. Dornbush, Robert B. Greenberg, Taka Yoshimoto and Kevin Aoki (c) At the annual meeting, holders of the registrant's Common Stock voted to elect a Class II director and holders of the registrant's Class A Common Stock voted to elect a Class II Director for a term of three years. In addition, holders of the registrant's Common Stock and Class A Common Stock, voting together as a single class, voted for the approval of the adoption of the 2000 Employees Class A Common Stock Option Plan; voted for the ratification of Deloitte & Touche LLP to serve as the registrant's independent certified public accountants for the fiscal year ending April 1, 2001; and voted against a stockholder proposal recommending that the two classes of Common Stock be combined into a single class. At the meeting, the following votes for and against, as well as the number of abstentions and broker non-votes were recorded for each matter as set forth below WITHHOLD NON- MATTER FOR AGAINST ABSTAIN AUTHORITY VOTES ----------------------------------------------------------------------------------------------------- Election of Directors: Class II Norman Becker 3,455,787 42,000 Class II John E. Abdo 2,067,200 158,090 Approval to adopt the 2000 Employees Class A Common Stock Option Plan: 3,000,042 528,857 6,644 Ratification of Independent Public Accountants: 3,717,007 1,970 1,339 Shareholder proposal recommending that the two classes of Common Stock be combined into a single class: 518,690 3,005,957 10,896
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. Benihana Inc. (Registrant) Date December 28, 2000 /s/ Joel A. Schwartz ---------------------- ------------------------------------ Joel A. Schwartz President /s/ Michael R. Burris ------------------------------------- Michael R. Burris Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----