-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, KU/J5gASAJMC521geYFtp5QxlyYv0gHQbEHFUtf+mXKax7q4cDzGyUgk9eqQF4Jf hn3VbiLD6YNsSGkOUqsasg== 0001144204-09-056540.txt : 20091104 0001144204-09-056540.hdr.sgml : 20091104 20091104161435 ACCESSION NUMBER: 0001144204-09-056540 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091104 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20091104 DATE AS OF CHANGE: 20091104 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NATHANS FAMOUS INC CENTRAL INDEX KEY: 0000069733 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 113166443 STATE OF INCORPORATION: DE FISCAL YEAR END: 0329 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-03189 FILM NUMBER: 091157923 BUSINESS ADDRESS: STREET 1: 1400 OLD COUNTRY RD STREET 2: STE 400 CITY: WESTBURY STATE: NY ZIP: 11590 BUSINESS PHONE: 5163388500 MAIL ADDRESS: STREET 1: 1400 OLD COUNTRY RD STREET 2: STE 400 CITY: WESTBURY STATE: NY ZIP: 11590 8-K 1 v164829_8-k.htm
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549


FORM 8-K
CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): November 04, 2009

NATHAN'S FAMOUS, INC.
 (Exact  Name of Registrant as Specified in its Charter)


Delaware
1-3189
11-3166443
(State of Incorporation)
(Commission
(I.R.S. Employer
 
File Number)
Identification No.)


1400 Old Country Road, Westbury, New York
11590
(Address of Principal Executive Offices)
(Zip Code)

 
Registrant's telephone number including area code
(516) 338-8500
 

N/A
 (Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-14(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 

 
 
Item 2.02. 
Results of Operations and Financial Condition.

On November 04, 2009, Nathan’s Famous, Inc. (the “Company”) issued a press release announcing the Company’s financial results for the fiscal quarter ended September 27, 2009.  A copy of the Company’s press release is attached hereto as Exhibit 99.1.
 
As provided in General Instruction B.2 to Form 8-K, the information contained in Item 2.02 and Exhibit 99.1 of this Current Report on Form 8-K is being furnished to the Securities and Exchange Commission and shall not be deemed to be “filed” for purposes of Section 18 of the Exchange Act or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference into a filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

Item 8.01. 
Other Events.

On November 04, 2009, the Company issued a press release that also announced that its Board of Directors authorized the purchase of up to 500,000 shares of the Company’s common stock on behalf of the Company.

A copy of the press release is attached as Exhibit 99.1 hereto.
 
Item 9.01.
Financial Statements and Exhibits.

(d) 
Exhibits.

The following exhibits are filed herewith:


Exhibit No.
Description
   
99.1
Press release dated November 04, 2009


 
 

 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunder duly authorized.

 
NATHAN'S FAMOUS, INC.
 
       
       
 
By:
/s/ Ronald DeVos
 
 
Ronald DeVos
 
 
Vice-President Finance
 
 
and Chief Financial Officer
 
 
(Principal Financial and Accounting Officer)
 


Dated:   November 04, 2009
 
 
 

 
EX-99.1 2 v164829_ex99-1.htm
 
EXHIBIT 99.1
FOR:
NATHAN'S FAMOUS, INC.
   
COMPANY
Ronald G. DeVos, Vice President - Finance and CFO
CONTACT:
(516) 338-8500 ext. 229
                                                                     FOR  IMMEDIATE  RELEASE

NATHAN'S FAMOUS, INC.
REPORTS  SECOND QUARTER RESULTS
Authorizes 500,000 Share Buy-Back

WESTBURY, N.Y., November 04, 2009 -- Nathan's Famous, Inc. (NASDAQ:NATH) today reported results for the second quarter of its 2010 fiscal year that ended September 27, 2009.

For the quarter ended September 27, 2009, net income increased by 16.4% to $2,163,000 or $0.39 per share, as compared to $1,859,000 or $0.29 per share for the quarter ended September 28, 2008.  Total revenue increased to $14,896,000, as compared to $14,525,000 during the quarter ended September 28, 2008.

For the twenty-six weeks ended September 27, 2009, income from continuing operations increased by 15.9% to $3,726,000 or $0.65 per share, as compared to $3,214,000 or $0.50 per share for the twenty-six weeks ended September 28, 2008.  Total revenue from continuing operations increased to $29,128,000, as compared to $28,567,000 during the twenty-six weeks ended September 28, 2008.

Net income for the twenty-six weeks ended September 27, 2009, was $3,726,000 or $0.65 per share, as compared to $5,681,000 or $0.89 per share for the twenty-six weeks ended September 28, 2008. During the prior fiscal period, Nathan’s realized one-time gains, net of tax, of $2,462,000 or $0.39 per share from the sale of its formerly wholly-owned subsidiary, NF Roasters Corporation and additional consideration from the sale of its formerly wholly-owned subsidiary, Miami Subs Corporation.

Nathan’s also announced that its Board of Directors has authorized the purchase of up to an additional 500,000 shares of its common stock on behalf of the Company.  Purchases will be made from time to time, depending on market conditions, in open market or privately negotiated transactions, at prices deemed appropriate by management. There is no set time limit on the repurchases. To date, pursuant to prior share repurchase programs authorized by the Board of Directors, Nathan’s has purchased a total of 3,084,302 shares of common stock at a cost of approximately $23,817,000.
 
About Nathan’s Famous
 
Nathan’s products are currently distributed in 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Cayman Islands and four foreign countries through its restaurant system, foodservice sales programs and retail licensing activities. The Nathan’s restaurant system currently consists of 287 units, comprised of 280 franchised or licensed units and seven company-owned units (including one seasonal unit). For additional information about Nathan’s please visit our website at www.nathansfamous.com.

Except for historical information contained in this news release, the matters discussed are forward looking statements that involve risks and uncertainties.  Words such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, and similar expressions identify forward-looking statements, which are based on the current belief of the Company’s management, as well as assumptions made by and information currently available to the Company’s management.  Among the factors that could cause actual results to differ materially are the following: the effect of business and economic conditions; the impact of competitive products and pricing; the ability to obtain an adequate supply of beef and other food products at competitive prices; capacity; the regulatory and trade environment; and the risk factors reported from time to time in the Company’s SEC reports. The Company does not undertake any obligation to update such forward-looking statements.


 
 

 

NATHAN’S REPORTS/2

Nathan's Famous, Inc.
 
Financial Highlights
           
             
   
Thirteen weeks ended
 
   
(unaudited)
 
             
   
Sept. 27, 2009
   
Sept. 28, 2008
 
             
Total revenues
  $ 14,896,000     $ 14,525,000  
                 
Net income
  $ 2,163,000     $ 1,859,000  
                 
                 
Basic income per share
               
 Net income
  $ 0.40     $ 0.31  
                 
Diluted income per share
               
 Net income
  $ 0.39     $ 0.29  
                 
                 
Weighted-average shares used in computing
               
 income per share
               
Basic
    5,420,000       5,984,000  
Diluted
    5,594,000       6,309,000  
 
 
 
 

 
 
NATHAN’S REPORTS/3

Nathan's Famous, Inc.
 
Financial Highlights
           
             
   
Twenty-six weeks ended
 
   
(unaudited)
 
             
   
Sept. 27, 2009
   
Sept. 28, 2008
 
             
Total revenues from continuing operations
  $ 29,128,000     $ 28,567,000  
 
               
Income from continuing operations
    3,726,000       3,214,000  
 
               
Income from discontinued operations
    -0-       2,467,000  
 
               
Net income
  $ 3,726,000     $ 5,681,000  
 
               
 
               
Basic income per share
               
 Income from continuing operations
  $ 0.68     $ 0.53  
 Income from discontinued operations
    0.00       0.41  
 Net income
  $ 0.68     $ 0.94  
 
               
Diluted income per share
               
 Income from continuing operations
  $ 0.65     $ 0.50  
 Income from discontinued operations
    0.00       0.39  
 Net income
  $ 0.65     $ 0.89  
 
               
 
               
Weighted-average shares used in computing
               
 income per share
               
Basic
    5,516,000       6,075,000  
Diluted
    5,737,000       6,391,000  
 
 
 
 

 
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