Ark Restaurants
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Ownership

Stock Ownership Information

Filings Since Most Recent Proxy

Date
Type Person
Aggregate Amount Beneficially Owned
Percent of Class
February 16, 2010 13G/A
348,804
9.995%

Security Ownership of Certain Beneficial Owners and Management

The following table sets forth certain information as of January 22, 2010, 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 22, 2010, our outstanding equity securities consisted of 3,489,845 shares of common stock. The number of shares beneficially owned by each stockholder 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 Securities and Exchange Commission (the “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 22, 2010. 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 22, 2010 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
AMOUNT AND NATURE OF
BENEFICIAL OWNERSHIP(1)
PERCENT OF
CLASS
     
Michael Weinstein
85 Fifth Avenue
New York, New York 10003
1,095,270 (2) 31.38%
     
Bruce R. Lewin
1329A North Avenue
New Rochelle, New York 10804
287,931 (3) (6) 8.25%
     
Vincent Pascal
85 Fifth Avenue
New York, New York 10003
59,608 (4) 1.71%
     
Robert Towers
85 Fifth Avenue
New York, New York 10003
34,800 (4) (5) Less than 1%
     
Steven Shulman
One Liberty Lane
Hampton, NH 03842
13,050 (6) Less than 1%
     
Marcia Allen
9601 Wilshire Boulevard
Los Angeles, CA 90210
3,750 (6) Less than 1%
     
Loeb Parnters Corporation
61 Broadway
New York, NY 10006
176,790 (7) 5.07%
     
Paul Gordon
85 Fifth Avenue
New York, New York 10003
31,500 (4) Less than 1%
     
Robert Stewart
85 Fifth Avenue
New York, New York 10003
26,800(4) Less than 1%
     
Arthur Stainman
320 East 72nd Street
New York, New York 10021
56,400 (6)(8) 1.62%
     
FMR LLC
82 Devonshire Street
Boston, MA 02109
180,000 (9) 5.16%
     

Stephen Novick
110 East 59th Street
New York, NY 10022

3,750 (6) Less than 1%
     

Irving Hershkowitz
c/o Big Geyser, Inc.
57-65 48th Street
Maspeth, NY 11378

246,642 (10) 7.07%

   
Royce & Associates, LLC
1414 Avenue of the Americas
New York, NY 10019
181,132 (11) 5.19%
     
All directors and officers as a group (ten persons) 1,612,859 (12) 46.22%

(1) 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.

(2 ) Includes 15,371 shares owned by The Weinstein Foundation, a private foundation of which Mr. Weinstein acts as trustee and as to which shares Mr. Weinstein has shared investment and shared voting power, an aggregate of 2,400 shares owned by Mr. Weinstein’s minor children and 31,250 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.

(3) Includes 1,500 shares owned by Mr. Lewin in his Individual Retirement Account (“IRA”).

(4) Includes 25,000 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.

(5) Includes 900 shares owned by Mr. Tower’s spouse in his IRA.

(6) Includes 3,750 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.

(7) Based upon information set forth in Schedule 13D/A filed by Loeb Partners Corporation (“LPC”) with the SEC on or about November 11, 2008. Loeb Arbitrage Management LLC (“LAM”) is the general partner of Loeb Arbitrage Fund (“LAF”). LAM is the investment manager of Loeb Arbitrage B Fund LP (“LAFB”). The President and Chief Operating Officer of the general partner is Robert E. Enslein, Jr. The other officers of LAM are Thomas L. Kempner, Chairman of the Board, Gideon J. King, Chief Executive Officer, Michael S. Emanuel, Senior Vice President and Secretary and David S. Hampson, Chief Financial Officer. Thomas L. Kempner is the President, Chief Executive Officer and a director of LPC. Loeb Holding Corporation (“LHC”) is the sole stockholder of LAM and LPC. Thomas L. Kempner is its President and a director as well as its Chief Executive Officer and majority stockholder and Bruce L. Lev, Norman N. Mintz and Peter A. Tcherepnine are also directors of LHC. Loeb Offshore Management, LLC (“LOM”), a wholly-owned subsidiary of LHC, is the investment adviser of Loeb Offshore Fund, Ltd., (“LOF”) and Loeb Offshore B Fund Ltd. (“LOFB”). Gideon J. King and Thomas L. Kempner are Directors of LOF and LOFB and Managers of LOM. LAM is general partner of Loeb Marathon Fund (“LMF”) and investment adviser of Loeb Marathon Offshore Fund Ltd. (“LMOF”). As of November 11, 2008, LAF beneficially owned 59,378 shares, LPC beneficially owned 36,870 shares (including shares purchased for the accounts of customers of LPC as to which LPC has investment discretion), LOF beneficially owned 14,534 shares, LMF beneficially owned 21,573 shares, LMOF beneficially owned 14,486 shares, LAFB beneficially owned 21,727 shares, and LOFB beneficially owned 8,222 shares. The above-referenced shareholders may, therefore, be deemed the beneficial owner of 176,790 shares, or 5.07% of the Company’s outstanding Common Stock.

(8) Includes 26,150 shares owned by Mr. Stainman’s spouse and 8,400 shares held by investment advisory clients of First Manhattan Co. (“FMC”), as to which FMC and Mr. Stainman, in his capacity as Managing Member of First Manhattan LLC, the sole general partner of FMC, share dispositive and voting power.

(9) Based upon information set forth on Schedule 13G filed by FMR LLC (“FMR”) with the SEC on or about February 17, 2009. Fidelity Management & Research Company (“Fidelity”), a wholly-owned subsidiary of FMR and an investment adviser registered under Section 203 of the Investment Advisers Act of 1940, is the beneficial owner of 180,000 shares of our common stock as a result of acting as investment adviser to various investment companies registered under Section 8 of the Investment Company Act of 1940. The ownership of one investment company, Fidelity Low Priced Stock Fund, amounted to 180,000 shares of our common stock. Edward C. Johnson 3d and FMR, through its control of Fidelity, and the funds each has sole power to dispose of the 180,000 shares owned by the funds. Members of the family of Edward C. Johnson 3d, Chairman of FMR, are the predominant owners, directly or through trusts, of Series B voting common shares of FMR representing 49% of the voting power of FMR. The Johnson family group and all other Series B shareholders have entered into a shareholders’ voting agreement under which all Series B voting common shares will be voted in accordance with the majority vote of Series B voting common shares. Accordingly, through their ownership of voting common shares and the execution of the shareholders’ voting agreement, members of the Johnson family may be deemed, under the Investment Company Act of 1940, to form a controlling group with respect to FMR. Neither FMR nor Edward C. Johnson 3d has the sole power to vote or direct the voting of the shares owned directly by the Fidelity funds, which power resides with the funds’ Boards of Trustees. Fidelity carries out the voting of the shares under written guidelines established by the funds’ Boards of Trustees.

(10) Based upon information set forth in Schedule 13G/A filed by Irving Hershkowitz with the SEC on or about January 27, 2009.

(11) Based upon information set forth in Schedule 13G/A filed by Royce & Associates, LLC with the SEC on or about January 22, 2010.

(12) Includes 150,000 shares issuable pursuant to stock options exercisable within 60 days after the date of this Proxy Statement.


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Investor Information provided by InvestQuest, Inc.