To what document is the description of securities registered under Section 12 of the Securities Exchange Act of 1934 for Benihana incorporated by reference?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
| Exhibit Number | Exhibit Description |
|---|---|
| 3.1 | Amended and Restated Certificate of Incorporation (Incorporated by reference to Form 8-K filed on June 5, 2014). |
| 3.2 | Amended and Restated Bylaws (Incorporated by reference to Form 8-K filed on October 25, 2011). |
| 4.1 | Description of securities registered under Section 12 of the Securities Exchange Act of 1934 (Incorporated by reference |
| 4.2 | to Exhibit 4.1 to Form 10-K filed on March 26, 2020). Form of Common Stock Purchase Warrant dated as of November 15, 2017 (Incorporated by reference to Form 8-K filed on November 16, 2017). |
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the description of securities registered under Section 12 of the Securities Exchange Act of 1934 is incorporated by reference to Exhibit 4.1 to Form 10-K filed on March 26, 2020. This means that details about Benihana's registered securities can be found in that specific exhibit and form.
For a potential Benihana franchisee, this information is relevant for understanding the financial and legal structure of the company. Reviewing the referenced exhibit can provide insights into the types of securities Benihana has issued, any associated rights or obligations, and how the company is capitalized. This can be useful for assessing the overall financial health and stability of Benihana.
It is important for prospective franchisees to consult with their own financial and legal advisors to fully understand the implications of Benihana's securities filings. While the FDD provides this reference, franchisees should conduct their own due diligence to make informed investment decisions.