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 21, 2017

 

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:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e -4(c))
 
Item 5.07 Submission of Matters to a Vote of Security Holders.

 

On March 21, 2017, 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 nine (9) directors to serve until the next annual meeting of shareholders and until their successors are duly elected and qualified, (ii) the ratification of the appointment of Cohn Reznick LLP as the Company’s independent registered public accounting firm for the 2017 fiscal year, (iii) an advisory vote on approval of executive compensation; and (iv) an advisory vote on the frequency of the advisory vote on executive compensation.

 

At the Meeting, a total of 3,118,445 shares of common stock of the Company (the “Common Stock”) voted in person or by proxy, out of 3,425,528 outstanding shares of Common Stock entitled to vote at the Meeting. Set forth below is the number of votes cast for, for, against, withheld, abstentions, and broker non-votes as to each matter.

 

1. Election of a Board of Nine Directors:

 

Nomination   For   Withheld   Broker Non-Votes  
               
01 - Michael Weinstein   2,585,954   15,394   517,097  
02 - Steven Shulman   2,587,387   13,961   517,097  
03 - Robert Stewart   2,569,535   31,813   517,097  
04 - Marcia Allen   2,587,290   14,058   517,097  
05 - Paul Gordon   2,584,715   16,633   517,097  
06 - Bruce R. Lewin   2,586,982   14,366   517,097  
07 - Vincent Pascal   2,579,691   21,657   517,097  
08 - Arthur Stainman   2,586,882   14,466   517,097  
09 - Stephen Novick   2,462,592   138,756   517,097  

 

2. Ratification of the appointment of Cohn Reznick LLP as independent auditors for the 2017 fiscal year:

 

  For   Against   Abstain  
             
  3,105,991   6,052   6,402  

 

3. Advisory vote on approval of executive compensation:

 

  For   Against   Abstain   Broker Non-Vote  
                 
  2,569,370   19,226   12,752   517,097  

 

4. Advisory vote on the frequency of the advisory vote on executive compensation:

 

  3 Years   2 Years   1 Year   Abstain   Broker Non-Vote  
                     
  1,759,872   8,710   828,614   4,152   517,097  
 

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.
     
         /s/ Michael Weinstein  
  By: Name: Michael Weinstein
    Title: Chief Executive Officer

 

Date: March 23, 2017