Ark Restaurants Corp.
- Stock
- NASDAQ:ARKR
- Standard Industry
Classification - Retail-eating places
- Address
- 85 Fifth Avenue, New York, NY 10003-3019
- Phone
- 2122068800
Executives
- director, officer: President and CFO
- Robert Stewart
- director
- Edward Lowenthal
- director
- Michael Weinstein
- director
- Steve Novick
- director
- Vincent Pascal
- director
- Robert Thomas
- director
- Ernest Bogen
Sample Contracts
Contract (December 20th, 2018)
WHEREAS, the Ark Restaurants Corp. 2010 Stock Option Plan (the "Plan") was established by the Board of Directors of Ark Restaurants Corp. (the "Company") effective as of January 22, 2010;
THIS NON-STATUTORY STOCK OPTION AGREEMENT is made as of _______, 2010, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the "Grantor"), and _______________ an individual residing at [___________________________] (the "Optionee").
THIS INCENTIVE STOCK OPTION AGREEMENT is made as of _______, 2018, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the "Grantor"), and _______________ an individual residing at [___________________________] (the "Optionee").
This letter agreement (the "Agreement") is entered into between Ark Restaurants Corp. (the "Company" or "Ark") and Anthony J. Sirica ("Employee". "you" or "your"). This Agreement is effective as of September 4, 2018 ("Effective Date"). The purpose of this Agreement is to specify your treatment upon certain terminations of employment.
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (REVOLVING FACILITY) ("this Amendment") is made and entered into as of the date set forth above (the "date hereof") by and between ARK RESTAURANTS CORP., a New York corporation ("Borrower"), and BANK HAPOALIM B.M. ("Bank").
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of ____October ___, 2016 (the "Effective Date"), by and between ARK JUPITER RI, LLC, a Delaware limited liability company ("Seller"), and 1065 A1A, LLC, a Florida limited liability company ("Purchaser"). Except as otherwise expressly defined herein, capitalized terms will have the meanings set forth on Exhibit A attached hereto and incorporated herein by this reference. The Seller is sometimes referred to herein as "Tenant".
THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the _____ day of October, 2016 (the "Effective Date") by and among Premium Properties, Inc., an Alabama corporation, ("Real Estate Seller"), Ark Gulf Shores Real Estate, LLC, a Delaware limited liability company ("Real Estate Buyer"), Original Oyster House, Inc., an Alabama corporation ("Asset Seller"), and Ark Oyster House Gulf Shores I, LLC, a Delaware limited liability company ("Asset Buyer").
THIS ROFR PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of October 13, 2016 (the "ROFR PSA Effective Date"), by and between SCFRC- HW-G, LLC, a Delaware limited liability company ("Seller"), and ARK JUPITER RI, LLC, a Delaware limited liability company ("Purchaser").
THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the 21st day of October, 2016 (the "Effective Date") by and among Gumbo Properties, L.L.C., an Alabama limited liability company, ("Real Estate Seller"), Ark Causeway Real Estate, LLC, a Delaware limited liability company ("Real Estate Buyer"), Original Oyster House II, Inc., an Alabama corporation (" Asset Seller"), and Ark Oyster House Causeway II, LLC, a Delaware limited liability company ("Asset Buyer").
1. The lien for all taxes for the year 2015 (which are not yet due and payable), and all subsequent years thereafter. 2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises, as to matters subsequent to the date of the survey filed with the Declaration of Condominium of Island Beach Club, as recorded in Official Records Book 343, at Page 732. 4. Terms, provisions, covenants, liens, conditions and options contained and rights and easements established by the Declaration of Condominium of Island Beach Club and all exhibits attached thereto and recorded i
This Revolving Promissory Note ("this Note") evidences Advances made by Bank under, has been issued by Borrower in accordance with the terms of, and is the Revolving Note referred to in, that certain Credit Agreement (Revolving Facility), of even date herewith, between Borrower and Bank as amended, modified, supplemented or restated and in effect from time to time (the "Credit Agreement"). Bank and any holder hereof is entitled to the benefits of the Credit Agreement and may enforce the agreements of Borrower contained therein, and any holder hereof may exercise the remedies provided for thereby or otherwise available in respect thereof, all in accordance with the terms thereof. Subject to the limitations set forth in the Credit Agreement, Borrower may borrow, repay and reborrow under this Note. All capitalized terms used in this Note and not otherwise defined herein shall have the same meanings herein as in the Credit Agreement.
This Term Promissory Note ("this Note") evidences the Advance made by Bank under, has been issued by Borrower in accordance with the terms of, and is the Note referred to in, that certain Credit Agreement (Term Facility), of even date herewith, between Borrower and Bank as amended, modified, supplemented or restated and in effect from time to time (the "Credit Agreement"). Bank and any holder hereof is entitled to the benefits of the Credit Agreement and may enforce the agreements of Borrower contained therein, and any holder hereof may exercise the remedies provided for thereby or otherwise available in respect thereof, all in accordance with the terms thereof. Borrower may not reborrow principal repaid under this Note. All capitalized terms used in this Note and not otherwise defined herein shall have the same meanings herein as in the Credit Agreement.
This CREDIT AGREEMENT (REVOLVING FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation ("Borrower"), and BANK HAPOALIM B.M. ("Bank"). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:
THIS RESTAURANT ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the 10th day of August, 2015 (the "Effective Date") by and among OCEAN ENTERPRISES, INC., a Florida corporation ("Restaurant Asset Seller"), and ARK SHUCKERS, LLC, a Delaware limited liability company ("Restaurant Asset Buyer"). Restaurant Asset Seller is sometimes herein referred to as "Seller" and Restaurant Asset Buyer is sometimes herein referred to herein as "Buyer".
THIS PURCHASE AGREEMENT (this "Agreement") is entered into as of the 10th day of August, 2015 (the "Effective Date") by and among ISLAND BEACH RESORT, INC., a Florida corporation ("Property Management Seller"), and ARK ISLAND BEACH RESORT, LLC, a Delaware limited liability company ("Property Management Buyer"). Property Management Seller is sometimes herein referred to as "Seller" and Property Management Buyer is sometimes herein referred to herein as "Buyer".
This Rider to Commercial Contract ("Rider") has been executed by Ark Shuckers Real Estate, LLC, a Delaware limited liability company ("Buyer") and D.C. Holding Company, Inc., a Florida corporation ("Seller") and shall amend and/or supplement that certain Commercial Contract executed by Buyer and Seller of even date herewith relating to the Property described therein (the "Contract").
THIS CREDIT AGREEMENT (TERM FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation ("Borrower"), and BANK HAPOALIM B.M. ("Bank"). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:
This Rider is referred to in paragraph 3 of, and constitutes a part of, an Amended and Restated Promissory Note in the amount of $8,083,333.37 from Borrower to the Bank dated as of February 24, 2014.
THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of November 22, 2013 (the "Effective Date") by and among W AND O, Inc., a Florida corporation ("Seller"), and Ark Rustic Inn LLC, a Delaware limited liability company, or its designee or assignee ("Buyer") with reference to the following:
Obligation and Repayment: For value received, Borrower absolutely and unconditionally promises to pay to the order of the Bank, at the Office, without defense, setoff or counterclaim, the principal amount of Three Million and 00/100 United States Dollars, together with interest and any other sum(s) due and payable as specified below. The principal amount of this Note shall be due and payable in consecutive monthly installments, of which each but the last shall be in the amount of $83,333.33 and the last of which shall be equal to the then unpaid principal balance of this Note. The first such installment shall be due on March 25, 2013. Each subsequent installment shall be due on the corresponding day of each month thereafter (or if such corresponding day is not a Business Day, on the immediately succeeding Business Day). The remaining principal balance shall be due on February 25, 2016, unless due and payable sooner in accordance with the terms of this Note and Rider.
This Termination and Consulting Agreement (the "Agreement") is made this 5th day of January, 2012, by and between Robert Towers ("Towers"), residing at 37 Marbourne Drive, Mamaroneck, New York 10543 and ARK Restaurants Corp. ("ARK"), a New York corporation with offices at 85 Fifth Avenue, 14th Floor, New York, New York 10003-3019.
FOR VALUE RECEIVED, Ark Restaurants Corp., a New York corporation (Company), hereby promises to pay to the order of the Estate of Irving Hershkowitz (Payee), having an address at c/o Big Geyser Inc., 57-65 48th Street, Maspeth, New York 11378, or at such other address as may be designated from time to time hereafter by the Payee, the principal sum of Two Million One Hundred Twenty Five Thousand Dollars ($2,125,000) (the Principal Amount) together with interest on the outstanding principal balance hereof from the date hereof until payment in full of this Note, at the Interest Rate shown below, payable in lawful money of the United States of America and in immediately available funds, as set forth herein. This Note is being issued by the Company in connection with its purchase of 250,000 shares of the Companys common stock held by the Payee pursuant to that certain Securities Purchase Agreement of even date herewith (the Purchase Agreement).
THIS SECURITIES PURCHASE AGREEMENT, dated as of December 9, 2011 (this Agreement) is by and among Ark Restaurants Corp., a New York corporation (the Company), and the Estate of Irving Hershkowitz (the Seller). The Company and the Seller are collectively referred to herein as the Parties, and each is a Party.
FOR VALUE RECEIVED, Ark Restaurants Corp., a New York corporation (Company), hereby promises to pay to the order of the Estate of Irving Hershkowitz (Payee), having an address at c/o Big Geyser Inc., 57-65 48th Street, Maspeth, New York 11378, or at such other address as may be designated from time to time hereafter by the Payee, the principal sum of Two Million One Hundred Twenty Five Thousand Dollars ($2,125,000) (the Principal Amount) together with interest on the outstanding principal balance hereof from the date hereof until payment in full of this Note, at the Interest Rate shown below, payable in lawful money of the United States of America and in immediately available funds, as set forth herein. This Note is being issued by the Company in connection with its purchase of 250,000 shares of the Companys common stock held by the Payee pursuant to that certain Securities Purchase Agreement of even date herewith (the Purchase Agreement).
THIS SECURITIES PURCHASE AGREEMENT, dated as of November 23, 2011 (this Agreement) is by and among Ark Restaurants Corp., a New York corporation (the Company), and the Estate of Irving Hershkowitz (the Seller). The Company and the Seller are collectively referred to herein as the Parties, and each is a Party.
THIS NON-STATUTORY STOCK OPTION AGREEMENT is made as of _______, 2010, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the Grantor), and ________ _______ an individual residing at [___________________________] (the Optionee).
Purpose. The purpose of the Plan is to advance the interests of the Participating Company Group and its stockholders by providing an incentive to attract, retain and reward persons performing services for the Participating Company Group and by motivating such persons to contribute to the growth and profitability of the Participating Company Group.