Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - KONA GRILL INC | p16840e8vk.htm |
| EX-99.2 - EX-99.2 - KONA GRILL INC | p16840exv99w2.htm |
| EX-99.9 - EX-99.9 - KONA GRILL INC | p16840exv99w9.htm |
| EX-99.8 - EX-99.8 - KONA GRILL INC | p16840exv99w8.htm |
| EX-99.10 - EX-99.10 - KONA GRILL INC | p16840exv99w10.htm |
| EX-99.7 - EX-99.7 - KONA GRILL INC | p16840exv99w7.htm |
| EX-99.4 - EX-99.4 - KONA GRILL INC | p16840exv99w4.htm |
| EX-99.6 - EX-99.6 - KONA GRILL INC | p16840exv99w6.htm |
| EX-99.1 - EX-99.1 - KONA GRILL INC | p16840exv99w1.htm |
| EX-99.5 - EX-99.5 - KONA GRILL INC | p16840exv99w5.htm |
Exhibit 99.3
Mill
Road Capital
February 5, 2010
VIA FEDERAL EXPRESS
Mr. Anthony L. Winczewski
Chairman, Nominating Committee
Kona Grill, Inc.
7150 E. Camelback Road, Suite 220
Scottsdale, Arizona 85251
Chairman, Nominating Committee
Kona Grill, Inc.
7150 E. Camelback Road, Suite 220
Scottsdale, Arizona 85251
Re: Your letter dated February 2, 2010
Dear Mr. Winczewski:
We received your letter dated February 2, 2010 in response to Mill Road Capital’s
letter dated January 28, 2010 (the “Nomination Letter”) notifying Kona Grill, Inc. of our intention to
nominate three
persons for election to the Board of Directors of Kona at the upcoming annual meeting. We
appreciate
your prompt review and response to the Nomination Letter. We are pleased that Kona has
acknowledged
the validity of the Nomination Letter for purposes of Section 1.13 of Kona’s Amended and
Restated
Bylaws.
Contrary to the assertion in your letter, however, our records indicate that a copy of
Amendment
No. 9 to Mill Road Capital’s joint statement on Schedule 13D was delivered to Kona’s principal
executive office at 7150 E. Camelback Road in Scottsdale, Arizona on February 1, 2010, the
first business
day after Amendment No. 9 was filed with the Securities and Exchange Commission.
Please address any correspondence or questions regarding this letter to Mill Road
Capital, L.P.,
Attn: Justin Jacobs, telephone (203) 987-3505, facsimile (203) 621-3280 (with a copy to our
counsel,
Foley Hoag LLP, 155 Seaport Blvd., Boston, MA 02210, Attn: Peter M. Rosenblum, Esq. and Paul
Bork,
Esq., telephone (617) 832-1000, facsimile (617) 832-7000).
| Very truly yours, Mill Road Capital, L.P. |
||||
| By: | Mill Road Capital GP LLC, | |||
| its General Partner | ||||
| By: | /s/ Thomas E. Lynch | |||
| Thomas E. Lynch | ||||
| Management Committee Director and Chairman | ||||
cc:
|
Peter M. Rosenblum, Esq. Paul Bork, Esq. |
382 Greenwich Avenue, Suite One • Greenwich, CT 06830 • (203) 987-3500