What is the commission file number for The ONE Group Hospitality, Inc., the registrant for Benihana?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
For value received, The ONE Group Hospitality, Inc., a Delaware corporation ("Guarantor"), located at 1624 Market Street, Suite 311, Denver, Colorado 80202, absolutely and unconditionally guarantees to assume the duties and obligations of BENIHANA NATIONAL CORP., a wholly-owned subsidiary of Guarantor, located at 1624 Market Street, Suite 311, Denver, Colorado 80202 ("Franchisor"), under Franchisor's franchise registration in each state where the franchise is registered, and under the Franchise Agreement identified in Franchisor's 2024 Franchise Disclosure Document, as it may be amended, and as that Franchise Agreement may be entered into with franchisees and amended, modified or extended from time to time. This Guarantee of Performance continues until all such obligations of the Franchisor under it franchise registrations and the Franchise Agreement are satisfied or until the liability of Franchisor to its franchisees under the Franchise Agreement has been completely discharged, whichever first occurs. Guarantor is not discharged from liability if a claim by a franchisee against Franchisor remains outstanding. Notice of acceptance is waived. Guarantor does not waive receipt of notice of default on the part of Franchisor. This Guarantee of Performance is binding on Guarantor and its successor and assigns.
Guarantor signs this Guarantee of Performance at Denver, Colorado effective as of October 1, 2024.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
I am unable to provide the commission file number for The ONE Group Hospitality, Inc. with the information provided. While the 2024 Benihana Franchise Disclosure Document (FDD) lists several exhibits and agreements involving The ONE Group Hospitality, Inc., it does not explicitly state the commission file number.
The FDD includes a guarantee of performance from The ONE Group Hospitality, Inc., ensuring they will cover the obligations of Benihana National Corp. under the franchise agreements. This indicates a strong financial relationship between the two entities. Additionally, several exhibits reference forms (8-K, 10-K, 10-Q, S-1) filed by The ONE Group Hospitality, Inc. with the Securities and Exchange Commission (SEC). These filings are publicly available and could potentially contain the commission file number.
To find the commission file number, a prospective Benihana franchisee could search the SEC's EDGAR database using The ONE Group Hospitality, Inc.'s name. Alternatively, they could directly ask the franchisor for the commission file number to gain more clarity about the parent company's financial and regulatory standing.