|
FORM 4
[ ]
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See
Instruction 1(b).
|
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
|
OMB APPROVAL
OMB Number: 3235-0287 Expires: February 28, 2011 Estimated average burden hours per response... 0.5 |
|
|
Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 |
|
| 1. Name and Address of Reporting Person * Prides Capital Partners, LLC | 2. Issuer Name and Ticker or Trading Symbol ARK RESTAURANTS CORP [ ARKR ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director
__
X
__ 10% Owner
_____ Officer (give title below) _____ Other (specify below) |
|
|
3. Date of Earliest Transaction
(MM/DD/YYYY)
|
|
|
|
4. If Amendment, Date Original Filed
(MM/DD/YYYY)
|
6. Individual or Joint/Group Filing
(Check Applicable Line)
___ Form filed by One Reporting Person
_ X _ Form filed by More than One Reporting Person |
|
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
||||||||||
|
1.Title of Security
(Instr. 3) |
2. Trans. Date | 2A. Deemed Execution Date, if any |
3. Trans. Code
(Instr. 8) |
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) |
6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
| Code | V | Amount | (A) or (D) | Price | ||||||
| Common Stock, $.01 par value | 6/11/2008 | S | 4400 | D | $26.01 | 373030 | I | See Footnote (1) | ||
| Common Stock, $.01 par value | 6/13/2008 | S | 1000 | D | $26.32 | 372030 | I | See Footnote (1) | ||
|
Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) |
|||||||||||||||
|
1. Title of Derivate Security
(Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Trans. Date | 3A. Deemed Execution Date, if any |
4. Trans. Code
(Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
6. Date Exercisable and Expiration Date |
7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4) |
8. Price of Derivative Security
(Instr. 5) |
9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
|
Reporting Owners
|
|||||
| Reporting Owner Name / Address |
|
||||
| Director | 10% Owner | Officer | Other | ||
|
Prides Capital Partners, LLC
200 HIGH STREET SUITE 700 BOSTON, MA 02110 |
|
X |
|
|
|
|
Richardson Kevin A II
200 HIGH STREET SUITE 700 BOSTON, MA 02110 |
|
X |
|
|
|
|
Indick Murray A
200 HIGH STREET SUITE 700 BOSTON, MA 02110 |
|
X |
|
|
|
|
Lawlor Henry J Jr
200 HIGH STREET SUITE 700 BOSTON, MA 02110 |
|
X |
|
|
|
|
McCarthy Charles E
200 HIGH STREET SUITE 700 BOSTON, MA 02110 |
|
X |
|
|
|
|
Signatures
|
||
| Prides Capital Partners, LLC | 6/13/2008 | |
| ** Signature of Reporting Person | Date | |
| Kevin A. Richardson, II | 6/13/2008 | |
| ** Signature of Reporting Person | Date | |
| Murray A. Indick | 6/13/2008 | |
| ** Signature of Reporting Person | Date | |
| Henry J. Lawlor Jr. | 6/13/2008 | |
| ** Signature of Reporting Person | Date | |
| Charles E. McCarthy | 6/13/2008 | |
| ** Signature of Reporting Person | Date | |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |
| * | If the form is filed by more than one reporting person, see Instruction 4(b)(v). |
| ** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| Note: | File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. | |
PRIDES CAPITAL PARTNERS, L.L.C. (AND ITS AFFLIATES)
LIMITED POWER OF ATTORNEY FOR REPORTING UNDER SECTION 16(a) OF THE
SECURITIES EXCHANGE ACT OF 1934, AS AMENDED
Know all by these presents, that the undersigned hereby constitutes
and appoints Murray A. Indick, signing singly, the undersigned's
true and lawful attorney-in-fact to:
(1) execute for and on behalf of the undersigned, in the
undersigned's capacity as director of any companies where Prides Capital Partners, L.L.C. or any of its affiliates have a
portfolio company investment, Form 144, 3, 4, 5 and any Schedules 13D or 13G in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder;
(2) do and perform any and all acts for and on behalf of
the undersigned which may be necessary or desirable to complete
and execute any such Form 144, 3, 4, 5 and any Schedules 13D or 13G, complete and execute any amendment or amendments thereto, and timely file any such form with the United States Securities and Exchange Commission and any stock exchange or similar authority, including completing and executing a Uniform Application for Access Codes to File on Edgar on Form ID; and
(3) take any other action of any type whatsoever in connection
with the foregoing which, in the opinion of such attorney-in-fact,
may be of benefit to, in the best interest of, or legally required by,
the undersigned, it being understood that the documents executed by
such attorney-in-fact on behalf of the undersigned pursuant to this
Power of Attorney shall be in such form and shall contain such terms
and conditions as such attorney-in-fact may approve in such attorney-
in-fact's discretion.
The undersigned hereby grants to each attorney-in-fact full power
and authority to do and perform any and every act and thing whatsoever
requisite, necessary, or proper to be done in the exercise of any of
the rights and powers herein granted, as fully to all intents and
purposes as the undersigned might or could do if personally present,
with full power of substitution or revocation, hereby ratifying and
confirming all that such attorney-in-fact, or such attorney-in-fact's
substitute or substitutes, shall lawfully do or cause to be done by
virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, any of the undersigned's responsibilities to comply
with Section 16 of the Securities Exchange Act of 1934.
This Power of Attorney shall remain in full force and effect until
the undersigned is no longer required to file Form 144, 3, 4, 5 and any Schedules 13D or 13G in any of Prides Capital Partners, L.L.C. portfolio companies, the undersigned is no longer employed by Prides Capital Partners, L.L.C., or unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Power of
Attorney to be executed as of this 21st day of June, 2004.
/s/ Kevin A. Richardson, II
---------------------------
Signature
Kevin A. Richardson, II
Print Name
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS that the undersigned hereby appoints Murray A Indick, with full power of substitution, as my attorney-in-fact, to act in my name, place and stead in any way which I myself could do, if I were personally present, and to take all actions that she or he may deem necessary or appropriate in connection with the completion, execution and filing with the Securities and Exchange Commission, in my name and on my behalf, of a Form ID and any subsequent filings, submissions or correspondence relating thereto, and also to complete, execute and file with the Securities and Exchange Commission, in my name and on my behalf, any Forms 144, 3, 4 or 5 and any Schedules 13D or 13G (collectively, the "Forms") with respect to the undersigned's holdings of and transactions in securities that require such filings. The foregoing attorney-in-fact also is authorized to file Forms with any stock exchange or other authority where such filing is required.
The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, any of the undersigned's responsibilities to comply with the securities laws of the United States.
This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms with respect to the undersigned's holdings of and transactions in securities, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 1st day of June, 2004.
/s/ Henry J. Lawlor, Jr.
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS that the undersigned hereby appoints Murray A Indick, with full power of substitution, as my attorney-in-fact, to act in my name, place and stead in any way which I myself could do, if I were personally present, and to take all actions that she or he may deem necessary or appropriate in connection with the completion, execution and filing with the Securities and Exchange Commission, in my name and on my behalf, of a Form ID and any subsequent filings, submissions or correspondence relating thereto, and also to complete, execute and file with the Securities and Exchange Commission, in my name and on my behalf, any Forms 144, 3, 4 or 5 and any Schedules 13D or 13G (collectively, the "Forms") with respect to the undersigned's holdings of and transactions in securities that require such filings. The foregoing attorney-in-fact also is authorized to file Forms with any stock exchange or other authority where such filing is required.
The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, any of the undersigned's responsibilities to comply with the securities laws of the United States.
This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms with respect to the undersigned's holdings of and transactions in securities, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 1st day of June, 2004.
/s/ Charles E. McCarthy
EXHIBIT 99
Joint Filer Information
Designated Filer: Prides Capital Partners, L.L.C.
Statement for Month/Day/Year: June 11, 2008
Issuer & Symbol: Ark Restaurants (ARKR)
Address of each Reporting Person for this Form 4:
200 High Street, Suite 700, Boston MA 02110
Relationship to Issuer of each Reporting Person: 10% Owner
Signatures
After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct.
June 13, 2008
Prides Capital Partners, L.L.C.
By: /s/ Murray A. Indick
------------------------
Murray A. Indick
Managing Member
Kevin A. Richardson, II
/s/ Murray A. Indick By: /s/ Murray A. Indick
------------------------ ------------------------
Murray A. Indick Murray A. Indick
Attorney-in-Fact
Henry J. Lawlor, Jr. Charles E. McCarthy
By: /s/ Murray A. Indick By: /s/ Murray A. Indick
------------------------ ------------------------
Murray A. Indick By: Murray A. Indick
Attorney-in-Fact Attorney-in-Fact