SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-K/A
[X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the Fiscal Year Ended March 28, 1999
or,
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
Commission File No. 0-12644
Benihana Inc.
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(Exact name of registrant as specified in its charter)
Delaware 65-0538630
------------------------------- -------------------
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
8685 Northwest 53rd Terrace, Miami, Florida 33166
(Address of principal executive offices) (Zip Code)
(Registrant's telephone number, including area code): (305) 593-0770
Securities registered pursuant to Section 12(b) of the Act:
None
Securities registered pursuant to Section 12(g) of the Act:
Common Stock, par value $.10 per share
Class A Common Stock, par value $.10 per share
Preferred Share Purchase Right
Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months and (2) has been subject to such filing requirements for
the past 90 days.
Yes X No
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405
of Regulation S-K is not contained herein, and will not be contained, to the
best of registrant's knowledge, in definitive proxy or information statements
incorporated by reference in Part III of this Form 10-K or any amendment to this
Form 10-K. [ ]
As of June 4, 1999, 3,571,616 shares of Common Stock and 2,566,676 shares of
Class A Common Stock were outstanding, and the aggregate market value of the
common equity of Benihana Inc. held by non-affiliates was approximately
$44,754,076.
DOCUMENTS INCORPORATED BY REFERENCE
Portions of the Registrant's Annual Report to Stockholders for the year ended
March 28, 1999 are incorporated by reference in Parts I and II.
Portions of the Registrant's Proxy Statement for the Annual Meeting to be held
August 5, 1999 are incorporated by reference in Part III.
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PART IV
Item 14. Exhibits, Financial Statement Schedules and Reports on Form 8-K
(a) 3. Exhibits:
23.01 Consent of Deloitte & Touche LLP.
23.02 Consent of Deloitte & Touche LLP.
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SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange
Act of 1934, the registrant has duly caused this report to be signed on its
behalf by the undersigned, thereunto duly authorized.
Date: June 25, 1999 BENIHANA INC.
By: /s/ Joel A. Schwartz
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Joel A. Schwartz, President
Pursuant to the requirements of the Securities Exchange Act of 1934, this report
has been signed on the date indicated above by the following persons on behalf
of the registrant and in the capacities indicated.
Signature Title Date
- --------- ----- ----
/s/ Joel A. Schwartz President and June 25, 1999
- --------------------------- Director (Principal
Joel A. Schwartz Executive Officer)
/s/ Taka Yoshimoto Executive Vice President - June 25, 1999
- --------------------------- Restaurant Operations
Taka Yoshimoto and Director
/s/ Michael R. Burris Senior Vice President of June 25, 1999
- --------------------------- Finance and Treasurer -
Michael R. Burris Chief Financial Officer
(Principal Financial and
Accounting Officer)
/s/ Kevin Aoki Vice President - June 25, 1999
- --------------------------- Marketing and Director
Kevin Aoki
/s/ Juan C. Garcia Vice President - Controller June 25, 1999
- ---------------------------
Juan C. Garcia
/s/ Darwin C. Dornbush Secretary and Director June 25, 1999
- ---------------------------
Darwin C. Dornbush
/s/ John E. Abdo Director June 25, 1999
- ---------------------------
John E. Abdo
/s/ Norman Becker Director June 25, 1999
- ---------------------------
Norman Becker
/s/ Robert B. Greenberg Director June 25, 1999
- ---------------------------
Robert B. Greenberg
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EXHIBIT - 23.01
INDEPENDENT AUDITORS' CONSENT
We consent to the incorporation by reference in this Registration Statement of
Benihana Inc. on Form S-8 of our report dated May 7, 1999 appearing in the
Annual Report on Form 10-K of Benihana Inc. for the year ended March 28, 1999.
Deloitte & Touche LLP
June 23, 1999
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EXHIBIT - 23.02
INDEPENDENT AUDITORS' CONSENT
We consent to the incorporation by reference in this Registration Statement of
Benihana Inc. on Form S-3 of our report dated May 7, 1999 appearing in the
Annual Report on Form 10-K of Benihana Inc. for the year ended March 28, 1999,
and to the reference to us under the heading "Experts" in the Prospectus, which
is a part of this Registration Statement.
Deloitte & Touche LLP
June 23, 1999
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