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ARK RESTAURANTS CORP — Major Shareholding Notification 2009
Apr 7, 2009
34844_mrq_2009-04-07_812c1859-91fb-4e52-a5fc-0deb7a149f39.zip
Major Shareholding Notification
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SC 13D/A 1 arkr13d04072009.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
(Amendment No. 9)
Under the Securities Exchange Act of 1934
Ark Restaurants Corp.
(Name of Issuer)
COMMON STOCK, $.01 par value
(Title of Class of Securities)
040712101
(CUSIP Number)
Murray A. Indick
Prides Capital Partners, L.L.C.
200 High Street, Suite 700
Boston, MA 02110
(617) 778-9200
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
March 9, 2009
(Date of Event which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4), check the following box o .
*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
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CUSIP NO. 040712101 SCHEDULE 13D
- NAME OF REPORTING PERSON
Prides Capital Partners, L.L.C.
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
20-0654530
- CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) []
(b) x
- SEC USE ONLY
- SOURCE OF FUNDS*
See Item 3
- CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) o
- CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
- SOLE VOTING POWER
-0-
- SHARED VOTING POWER
196,356**
- SOLE DISPOSITIVE POWER
-0-
- SHARED DISPOSITIVE POWER
196,356**
- AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
196,356**
- CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES o
- PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
5.63%**
- TYPE OF REPORTING PERSON
OO ( Limited Liability Company)
** See Item 5
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CUSIP NO. 040712101 SCHEDULE 13D
- NAME OF REPORTING PERSON
Kevin A. Richardson, II
- CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) []
(b) x
- SEC USE ONLY
- SOURCE OF FUNDS*
See Item 3
- CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) o
- CITIZENSHIP OR PLACE OF ORGANIZATION
USA
- SOLE VOTING POWER
-0-
- SHARED VOTING POWER
196,356**
- SOLE DISPOSITIVE POWER
-0-
- SHARED DISPOSITIVE POWER
196,356**
- AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
196,356**
- CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES o
- PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
5.63%**
- TYPE OF REPORTING PERSON
IN
** See Item 5
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CUSIP NO. 040712101 SCHEDULE 13D
- NAME OF REPORTING PERSON
Henry J. Lawlor, Jr.
- CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) []
(b) x
- SEC USE ONLY
- SOURCE OF FUNDS*
See Item 3
- CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) o
- CITIZENSHIP OR PLACE OF ORGANIZATION
USA
- SOLE VOTING POWER
-0-
- SHARED VOTING POWER
196,356**
- SOLE DISPOSITIVE POWER
-0-
- SHARED DISPOSITIVE POWER
196,356**
- AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
196,356**
- CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES o
- PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
5.63%**
- TYPE OF REPORTING PERSON
IN
** See Item 5
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CUSIP NO. 040712101 SCHEDULE 13D
- NAME OF REPORTING PERSON
Murray A. Indick
- CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) o
(b) x
- SEC USE ONLY
- SOURCE OF FUNDS*
See Item 3
- CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) o
- CITIZENSHIP OR PLACE OF ORGANIZATION
USA
- SOLE VOTING POWER
-0-
- SHARED VOTING POWER
196,356**
- SOLE DISPOSITIVE POWER
-0-
- SHARED DISPOSITIVE POWER
196,356**
- AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
196,356**
- CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES o
- PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
5.63%**
- TYPE OF REPORTING PERSON
IN
** See Item 5
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CUSIP NO. 040712101 SCHEDULE 13D
- NAME OF REPORTING PERSON
Charles E. McCarthy
- CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) []
(b) x
- SEC USE ONLY
- SOURCE OF FUNDS*
See Item 3
- CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) or 2(e) o
- CITIZENSHIP OR PLACE OF ORGANIZATION
USA
- SOLE VOTING POWER
-0-
- SHARED VOTING POWER
196,356**
- SOLE DISPOSITIVE POWER
-0-
- SHARED DISPOSITIVE POWER
196,356**
- AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
196,356**
- CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES o
- PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
5.63%**
- TYPE OF REPORTING PERSON
IN
** See Item 5
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CUSIP NO. 040712101 SCHEDULE 13D
Item 1. Security and Issuer
This Amendment No. 9 amends the Statement on Schedule 13D (the "Schedule 13D") filed with the Securities and Exchange Commission (the "Commission") on February 26, 2009 by Prides Capital Partners, L.L.C. a Delaware limited liability company, Kevin A. Richardson, II, Henry J. Lawlor, Jr., Murray A. Indick and Charles E. McCarthy. This amendment to the Schedule 13D relates to the shares of Common Stock, $.01 par value (the "Common Stock") of Ark Restaurants Corp., a New York corporation (the "Issuer"). The principal executive office and mailing address of the Issuer is 85 Fifth Avenue, New York, NY 10003 (the "Issuer"). The following amendments to the Schedule 13D are hereby made. Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Schedule 13D.
Item 5. Interest in Securities of the Issuer
(a), (b) According to the Issuer's 10-Q filed on December 23, 2008, there were 3,489,845 shares of Common Stock issued and outstanding as of December 14, 2008. Based on such information, after taking into account the transactions described in Item 5(c) below, the Reporting Persons report beneficial ownership of 196,356 shares of Common Stock, representing 5.63% of the shares outstanding, held by Prides Capital Partners, L.L.C. Voting and investment power concerning the above shares are held solely by Prides Capital Partners, L.L.C.
Although Kevin A. Richardson, II, Henry J. Lawlor, Jr., Murray A. Indick and Charles E. McCarthy are joining in this Amendment as Reporting Persons, the filing of this Amendment shall not be construed as an admission that any of them are, for any purpose, the beneficial owner of any of the securities that are beneficially owned by Prides Capital Partners, L.L.C.
(c) Since the last filing, the Reporting Persons sold the following shares of Common Stock in the open market:
| Trade Date | Shares | Price/Share |
|---|---|---|
| ---------- | ------ | ----------- |
| 2/26/09 | 2800 | 10.00 |
| 3/5/09 | 500 | 10.00 |
| 3/6/09 | 9400 | 10.10 |
| 3/9/09 | 25000 | 10.02 |
| 3/10/09 | 17300 | 10.00 |
| 3/13/09 | 500 | 10.00 |
| 4/6/09 | 1200 | 10.00 |
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CUSIP NO. 040712101 SCHEDULE 13D
Item 7. Material to be Filed as Exhibits
Exhibit A Joint Filing Undertaking .
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.
Dated: April 7, 2009
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
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CUSIP NO. 040712101 SCHEDULE 13D
Exhibit A
JOINT FILING UNDERTAKING
The undersigned, being duly authorized thereunto, hereby execute this agreement as an exhibit to this Schedule 13D to evidence the agreement of the below-named parties, in accordance with the rules promulgated pursuant to the Securities Exchange Act of 1934, to file this Schedule jointly on behalf of each such party.
Dated: April 7, 2009
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
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