8-K

ARK RESTAURANTS CORP (ARKR)

8-K 2023-03-15 For: 2023-03-14
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Added on April 11, 2026

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 15, 2023 (March 14, 2023)

ARK RESTAURANTS CORP.

(Exact name of registrant as specified in its charter)

New York 1-09453 13-3156768
(State or other jurisdiction<br>of incorporation) (Commission<br>File Number) (IRS Employer<br>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 5.07 Submission of Matters to a Vote of Security Holders.

On March 14, 2023, Ark Restaurants Corp. 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; and (ii) the ratification of the appointment of CohnReznick LLP as the Company’s independent registered public accounting firm for the 2023 fiscal year.

At the Meeting, a total of 3,059,521 shares of the common stock of the Company (the “Common Stock”) voted in person or by proxy, out of 3,600,407 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 Abstained / Withheld Broker Non-Votes
Michael Weinstein 2,348,795 5,966 704,760
Steven Shulman 2,183,580 171,181 704,760
Anthony Sirica 2,332,113 22,648 704,760
Marcia Allen 2,024,728 330,033 704,760
Bruce Lewin 2,235,229 119,532 704,760
Vincent Pascal 2,331,832 22,929 704,760
Jessica Kates 2,339,752 15,009 704,760
Stephen Novick 2,141,734 213,027 704,760
  1. Ratification of the appointment of CohnReznick LLP as independent auditors for the 2023 fiscal year:
For Against Abstained / Withheld Broker Non-Votes
3,036,446 19,957 3,118

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 15, 2023