-----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, BRVhXF/PC5Ei8p2E1FKN5iuNudhvkQT/tP8Qj4YwFNXvSOmG/vi2n44KG5/s/e53 0G4HYnDcg/qA6niFSGXXkA== 0001188112-07-001929.txt : 20070621 0001188112-07-001929.hdr.sgml : 20070621 20070621160704 ACCESSION NUMBER: 0001188112-07-001929 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070618 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers FILED AS OF DATE: 20070621 DATE AS OF CHANGE: 20070621 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: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26396 FILM NUMBER: 07934045 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 8-K 1 t14987_8k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 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): June 18, 2007 ------------- BENIHANA INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 0-26396 65-0538630 - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) 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 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 (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17CFR230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17CFR240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17CFR240.13e-4(c)) ITEM 5.02 DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS On June 18, 2007, Benihana Inc. (the "Company") entered into an amended and restated employment agreement (the "Agreement") with Juan C. Garcia in connection with Mr. Garcia's election as President and Chief Operating Officer of the Company effective April 2, 2007, which appointment was previously reported by the Company on a Current Report on Form 8-K filed on March 28, 2007. The Agreement, which is effective as of April 2, 2007, provides for an initial annual base salary of $250,000, subject to annual adjustment based on cost of living increases, with bonuses determined by the Board of Directors of the Company under its bonus plan for executives and additional incentive bonuses of up to 25% of annual base salary based upon, among other factors, results of operations, restaurant development and management retention. Pursuant to the terms of the Agreement, Mr. Garcia will also be eligible to receive stock options under the Company's stock option plans at the discretion of the Compensation and Stock Option Committee of the Board of Directors of the Company. The Agreement has a three-year term and provides for Mr. Garcia to receive an automobile expense allowance of $300 per month. Mr. Garcia will also be eligible to participate in the health, insurance and other benefit plans generally available to executive officers of the Company. The Agreement will be filed as an exhibit to the Company's Quarterly Report on Form 10-Q for the quarter ended July 22, 2007 . SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. BENIHANA INC. Dated: June 21, 2007 By: /s/ Joel A. Schwartz -------------------------------- Joel A. Schwartz Chief Executive Officer -----END PRIVACY-ENHANCED MESSAGE-----