Ownership
Stock Ownership Information
Security Ownership of Certain Beneficial Owners and Management
The following table sets forth certain information as of January 16, 2024, with respect to the beneficial ownership of shares of our common stock owned by:
•Each of our directors, our CEO and the other NEOs;
•All directors and executive officers as a group; and
•Each person or entity who is known to us to be the beneficial owner of more than 5% of our common stock.
As of January 16, 2024, our outstanding equity securities consisted of 3,604,157 shares of common stock. The number of shares beneficially owned by each shareholder is determined under rules promulgated by the SEC and generally includes voting or investment power over the shares. The information does not necessarily indicate beneficial ownership for any other purpose. Under SEC rules, the number of shares of common stock deemed outstanding includes shares issuable upon the conversion of other securities, as well as the exercise of options or the settlement of restricted stock units held by the respective person or group that may be exercised or settled on or within 60 days of January 16, 2024. For purposes of calculating each person’s or group’s percentage ownership, shares of common stock issuable pursuant to stock options and restricted stock units that may be exercised or settled on or within 60 days of January 16, 2024 are included as outstanding and beneficially owned by that person or group but are not treated as outstanding for the purpose of computing the percentage ownership of any other person or group.
| NAME AND ADDRESS
OF BENEFICIAL OWNER (1) |
AMOUNT AND NATURE OF
BENEFICIAL OWNERSHIP(2) |
PERCENT OF
CLASS |
|---|---|---|
| Michael Weinstein
|
967,913(3) | 26.7% |
| Bruce R. Lewin
|
300,681 (4)(6) | 8.32% |
| Vincent Pascal
|
48,333(5) | 1.33% |
| Steven Shulman
|
1,9400 (6) | Less than 1% |
| Marcia Allen
|
8,000 (6) | Less than 1% |
| Anthony J. Sirica |
38,750 (7) | Less than 1.06% |
| Stephen Novick
|
8,000 (6) | Less than 1% |
| Jessica Kates | 1,250 (8) | Less than 1% |
| All directors and officers as a group (eight persons) | 1,382,327 (9) | 37.17% |
Name And Address eneficial Owner (1) |
Five(5%) Shareholders | Thomas A. Satterfield, Jr. |
550,557 (10) | 15.28% |
(1) Unless otherwise indicated, the address for each person is c/o Ark Restaurants Corp., 85 Fifth Avenue, New York, NY 10003.
(2) Except to the extent otherwise indicated, to the best of the Company’s knowledge, each of the indicated persons exercises sole voting and investment power with respect to all shares beneficially owned by him, her or it.
(3) Includes: a 50% interest (113,500 shares) held by Michael Weinstein in a limited liability company account maintained by his adult children; 3,700 shares held by The Weinstein Foundation for which Mr. Weinstein acts as trustee and has shared investment and voting power; and 21,375 shares issuable to Mr. Weinstein pursuant to stock options, all of which options are currently exercisable.
(4) Includes 1,500 shares owned by Mr. Lewin in his Individual Retirement Account (“IRA”).
(5) Includes 21,375 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.
(6) Includes 8,000 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.
(7) Includes 38,750 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.
(8) Includes 1,250 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.
(9) Includes 114,750 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.
(10)Based upon information set forth on Schedule 13G/A filed by Thomas A. Satterfield, Jr. (“Mr. Satterfield”) with the SEC on or about February 10, 2023 with respect to the beneficial ownership reported for Thomas A. Satterfield, Jr., 7,500 shares are held jointly with Mr. Satterfield’s spouse; 1,000 shares are held individually by Mr. Satterfield’s spouse in her individual capacity; 50,000 shares are held by Tomsat Investment & Trading Co., Inc., a corporation controlled by Mr. Satterfield and of which he serves as President; 184,607 shares are held by Caldwell Mill Opportunity Fund, which fund is managed by an entity of which Mr. Satterfield owns a 50% interest and serves as Chief Investment Manager; and 145,000 shares are held by A.G. Family L.P., a partnership managed by a general partner controlled by Mr. Satterfield. Additionally, Mr. Satterfield has limited powers of attorney for voting and disposition purposes with respect to the following shares: Thomas A. Satterfield, Sr. (32,000 shares); Rebecca S. Satterfield (1,000 shares); David A. Satterfield (15,000 shares); Parker Satterfield (2,000 shares); Jeanette Satterfield Kaiser (27,000 shares); Richard W. Kaiser (11,000 shares); Rita Phifer (10,000 shares); Parker Little Trust (1,450 shares); Lola Little Trust (500 shares); Henry Beck (6,000 shares); John and Angela Picton (7,000 shares); Christy Beard (2,500 shares); Pamela Beck (2,000 shares); Paula and Gene Colley (3,000 shares); and Glenna and Jesse Colley (4,000 shares). These individuals and entities have the right to receive or the power to direct the receipt of the proceeds from the sale of their respective shares