UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
______________________
 
FORM 8-K
 
 
CURRENT REPORT
Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported): March 17, 2020
 
ARK RESTAURANTS CORP.
(Exact name of registrant as specified in its charter)
 
New York
1-09453
13-3156768  
(State or other jurisdiction
of incorporation)
(Commission
File Number)
(IRS Employer
Identification No.)
 
85 Fifth Avenue
New York, New York 10003
(Address of principal executive offices, with zip code)
 
Registrant’s telephone number, including area code: (212) 206-8800
 
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)) 

Securities registered pursuant to section 12(b) of the Act:

Title of each class
Trading Symbol(s)
Name of each exchange on which registered
Common Stock, par value $.01 per share
ARKR 
The NASDAQ Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b of this chapter).
 
       Emerging growth company o
 
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o





Item 8.01 Other Events
On March 17, 2020, Ark Restaurants Corp. (the “Company”) issued a press release announcing the temporary closure of certain restaurants as well as holding the annual shareholders meeting virtually. A copy of the press release titled “Ark Restaurants Announces Temporary Closure of Certain Restaurants and the Holding of the Annual Shareholders Meeting Virtually” is attached hereto as Exhibit 99.1 and is incorporated herein by reference and constitutes additional definitive materials filed in connection with the Company’s solicitation of proxies for its annual shareholders meeting.

Item 9.01 Financial Statements and Exhibits
(d) Exhibits
99.1 Press Release, dated March 17, 2020

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 RESTAURANTS CORP.
 
 
 
 
By:
/s/ Michael Weinstein
 
 
Name: Michael Weinstein
 
 
Title: Chief Executive Officer
 
 
 
Date: March 17, 2020
 
 


Exhibit


Exhibit 99.1                                                
Ark Restaurants Announces Temporary Closure of Certain Restaurants
and the Holding of the Annual Shareholders Meeting Virtually

 
CONTACT:
Anthony J. Sirica
(212) 206-8800
ajsirica@arkrestaurants.com

NEW YORK, New York - March 17, 2020 -- Ark Restaurants Corp. (NASDAQ: ARKR) today announced, in light of the rapid spread of the novel Coronavirus (COVID-19), as well as state and local mandates, that the Company was required to temporarily close its New York City, Washington, D.C., Connecticut, New Jersey and Las Vegas operations as of March 16, 2020 until the related governmental authorities allow us to reopen them. The Coronavirus has caused unprecedented business interruptions, especially in the hospitality industry, and Ark fully supports all governmental actions to help stem the effects of the Coronavirus. Our Florida and Alabama locations currently remain open for business but it is likely they will be required to close as well. While neither the length of time of the closures nor the extent of the impact of the Coronavirus on our results of operations and financial condition may be known for quite some time, we do expect that there will be a material adverse effect.
Due to these extraordinary circumstances, and in accordance with guidance from the staff of the Division of Corporate Financing and the Division of Investment Management of the U.S. Securities and Exchange Commission published March 13, 2020, our annual meeting of shareholders, scheduled for March 19, 2020 at 10:00 a.m. ET at Bryant Park Grill, 25 West 40th Street, New York, New York, will be held virtually instead of in-person.  Shareholders that desire to attend virtually can utilize the following conference telephone lines: Toll Free - 1-877-407-4018; Toll / International - 1-201-689-8471. Shareholders unable to attend at the designated time may listen to a play back of the proceedings between 1:00 p.m. ET on March 19, 2020 and 11:59 p.m. ET on March 26, 2020 by utilizing the following telephone lines: Toll Free - 1-844-512-2921, Toll / International - 1-412-317-6671, identification number - 13700624. 
Ark Restaurants owns and operates 20 restaurants and bars, 17 fast food concepts and catering operations primarily in New York City, Florida, Washington, D.C, Las Vegas, Nevada and the gulf coast of Alabama. Five restaurants are located in New York City, two are located in Washington, D.C., five are located in Las Vegas, Nevada, three are located in Atlantic City, New Jersey, three are located on the east coast of Florida and two are located on the Gulf Coast of Alabama. The Las Vegas operations include four restaurants within the New York-New York Hotel & Casino Resort and operation of the hotel's room service, banquet facilities, employee dining room and six food court concepts and one restaurant within the Planet Hollywood Resort and Casino. In Atlantic City, New Jersey, the Company operates a restaurant and a bar in the Resorts Atlantic City Hotel and Casino and a restaurant in the Tropicana Hotel and Casino. The operation at the Foxwoods Resort Casino consists of one fast food concept. The Florida operations include the Rustic Inn in Dania Beach, Shuckers in Jensen Beach and JB’s on the Beach in Deerfield Beach, and the operation of four fast food facilities in Tampa and six fast food facilities in Hollywood, each at a Hard Rock Hotel and Casino operated by the Seminole Indian Tribe at these locations. In Alabama, the Company operates two Original Oyster Houses, one in Gulf Shores and one in Spanish Fort.