Ark Restaurants Corp. filed SEC Form 8-K: Submission of Matters to a Vote of Security Holders
$ARKR
Restaurants
Consumer Discretionary
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 13, 2024 (March 12, 2024 )
(Exact name of registrant as specified in its charter)
| (State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) | ||||||
(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 | ||||||
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 5.07 | Submission of Matters to a Vote of Security Holders. | ||||
On March 12, 2024, Ark Restaurants Corp. (the "Company") held its Annual Meeting of Shareholders (the “Meeting”). The following matters were submitted to a vote of the Company’s shareholders at the Meeting: (i) the election of eight (8) directors to serve until the next annual meeting of the shareholders and until their successors are duly elected and qualified; (ii) the ratification of the appointment of CohnReznick LLP as the Company’s independent registered public accounting firm for the 2024 fiscal year; and (iii) an advisory resolution approving the compensation of the Company's named executive officers.
At the Meeting, a total of 3,148,169 shares of the common stock of the Company (the “Common Stock”) voted in person or by proxy, out of 3,604,157 outstanding shares of Common Stock entitled to vote at the Meeting. Set forth below is the number of votes cast for, against, abstained/withheld, and broker non-votes as to each matter:
1. Election of a Board of Eight Directors:
| Nominee | For | Withheld | Broker Non-Votes | |||||||||||||||||
| Michael Weinstein | 2,072,441 | 151,115 | 924,613 | |||||||||||||||||
| Steven Shulman | 1,892,054 | 331,502 | 924,613 | |||||||||||||||||
| Anthony J. Sirica | 2,069,597 | 153,959 | 924,613 | |||||||||||||||||
| Marcia Allen | 1,914,447 | 309,109 | 924,613 | |||||||||||||||||
| Bruce R. Lewin | 2,037,838 | 185,718 | 924,613 | |||||||||||||||||
| Vincent Pascal | 1,891,614 | 331,942 | 924,613 | |||||||||||||||||
| Jessica Kates | 2,073,255 | 150,301 | 924,613 | |||||||||||||||||
| Stephen Novick | 1,862,348 | 361,208 | 924,613 | |||||||||||||||||
2. Ratification of the appointment of CohnReznick LLP as independent auditors for the 2024 fiscal year:
| For | Against | Abstained | Broker Non-Votes | |||||||||||||||||
| 3,142,366 | 5,023 | 780 | — | |||||||||||||||||
3. Advisory resolution to approve compensation of the Company's named executive officers:
| For | Against | Abstained | Broker Non-Votes | |||||||||||||||||
| 1,916,363 | 288,768 | 18,425 | 924,613 | |||||||||||||||||
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 13, 2024 | ||||||||