-----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, AZEEta7cRnT5VarSsigPKYii8p6nG4hUdd+a9MGasQdpQnC5ds/3EprqcGOBtK2h cy6GkHAi3aQvpUGdqGpSWQ== 0001409751-10-000002.txt : 20100707 0001409751-10-000002.hdr.sgml : 20100707 20100707170305 ACCESSION NUMBER: 0001409751-10-000002 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100702 FILED AS OF DATE: 20100707 DATE AS OF CHANGE: 20100707 ISSUER: 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: 0330 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Coliseum Capital Management, LLC CENTRAL INDEX KEY: 0001409751 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-26396 FILM NUMBER: 10942424 BUSINESS ADDRESS: STREET 1: 767 THIRD AVENUE STREET 2: 35TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-488-5555 MAIL ADDRESS: STREET 1: 767 THIRD AVENUE STREET 2: 35TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 4 1 primary_doc.xml PRIMARY DOCUMENT X0303 4 2010-07-02 0 0000935226 BENIHANA INC BNHNA 0001409751 Coliseum Capital Management, LLC 767 THIRD AVENUE 35TH FLOOR NEW YORK NY 10017 0 0 1 0 Class A Common Stock 2010-07-02 4 P 0 6550 5.5 A 1203911 I See Footnote Class A Common Stock 2010-07-06 4 P 0 12500 5.09 A 1216411 I See Footnote Class A Common Stock 2010-07-07 4 P 0 47472 4.97 A 1263883 I See Footnote These securities are held directly by (a) Coliseum Capital Partners, L.P., an investment limited partnership of which Coliseum Capital, LLC, a Delaware limited liability company ("CC"), is general partner and for which Coliseum Capital Management, LLC, a Delaware limited liability company ("CCM"), serves as investment adviser, and (b) Blackwell Partners, LLC ("Blackwell"), a separate account investment advisory client of CCM. Christopher Shackelton and Adam Gray manage CCM and CC. Each of Christopher Shackelton, Adam Gray, Blackwell, CCP, CC and CCM disclaims beneficial ownership of these securities except to the extent of that person's pecuniary interest therein. This transaction was executed in multiple trades at a price of $5.50. The reported price reflects the weighted average purchase price. The Reporting Person filing this report hereby undertakes to provide upon request by the Securities and Exchange Commission ("SEC") staff, Benihana, Inc. or a shareholder of Benihana, Inc. full information regarding the number of shares purchased at each separate price. This transaction was executed in multiple trades at prices ranging from $5.06 to $5.10. The reported price reflects the weighted average purchase price. The Reporting Person filing this report hereby undertakes to provide upon request by the Securities and Exchange Commission ("SEC") staff, Benihana, Inc. or a shareholder of Benihana, Inc. full information regarding the number of shares purchased at each separate price. This transaction was executed in multiple trades at prices ranging from $4.82 to $5.10. The reported price reflects the weighted average purchase price. The Reporting Person filing this report hereby undertakes to provide upon request by the Securities and Exchange Commission ("SEC") staff, Benihana, Inc. or a shareholder of Benihana, Inc. full information regarding the number of shares purchased at each separate price. Chris Shackelton 2010-07-07 -----END PRIVACY-ENHANCED MESSAGE-----