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OMB Number: 3235-0145 |
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. )*
Benihana Inc
Common Stock
(Title of Class of Securities)
082047200
12/15/2008
(Date of Event which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
þ Rule 13d-1(b)
o Rule 13d-1(c)
o Rule 13d-1(d)
*The remainder of this cover page shall be filled out for a reporting persons initial filing on
this form with respect to the subject class of securities, and for any subsequent amendment
containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover pages shall not be deemed to be filed for
the purpose of Section 18 of the Securities Act of 1934 (Act) or otherwise subject to the
liabilities of that section of the Act but shall be subject to all other provisions of the Act
(however, see the Notes).
Persons who respond to the collection of information contained in this form
are not required to respond unless the form displays a currently valid OMB
control number.
Page 1 of 5
CUSIP NO. 082047200
Item 1.
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(a) |
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Name of Issuer |
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Benihana Inc |
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(b) |
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Address of Issuers Principal Executive Offices |
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8685 N.W. 53rd Terrace
Miami, FL 33166 |
Item 2.
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(a) |
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Name of Person Filing |
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Voyageur Asset Management Inc. |
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(b) |
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Address of Principal Business Office or, if none, Residence |
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100 South Fifth Street, Suite 2300 |
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Minneapolis, MN 55402 |
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(c) |
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Citizenship |
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Voyageur Asset Management Inc. is incorporated under the laws of Minnesota |
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(d) |
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Title of Class of Securities |
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Common Stock |
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(e) |
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Cusip Number |
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082047200 |
Item 3. If this statement is filed pursuant to §§240.13d-1(b) or 240.13d-2(b) or (c), which whether the person filing is a:
(a) o Broker or dealer registered under section 15 of the act (15 U.S.C. 78o).
(b) o
Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).
(c) o
Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).
(d) o Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).
(e) þ An investment adviser in accordance with §240.13d-1(b)(1)(ii)(E);
(f) o An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F);
(g) o A parent holding company or control person in accordance with §240.13d-1(b)(1)(ii)(G);
(h) o A saving association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
(i) o A church plan that is excluded front the definition of an investment company under section 3©(14) of the
Investment Company Act of 1940 (15. U.S.C. 80a-3);
(j) o Group, in accordance with §240.13d-1(b)(1)(ii)(J)
Page 3 of 5
Item 4. Ownership
Provide the following information regarding the aggregate number and percentage of the class of securities of
the issuer identified in Item 1.
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(a) |
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Amount beneficially owned: 603,500 |
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(b) |
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Percent of class: 6.3590% |
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(c) |
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Number of shares as to which the person has: |
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(i) |
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Sole power to vote or to direct the vote |
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37,500 |
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(ii) |
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Shared power to vote or to direct the vote |
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0 |
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(iii) |
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sole power to dispose or to direct the disposition of |
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0 |
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(iv) |
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Shared power to dispose or to direct the disposition of |
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0 |
Item 5. Ownership of Five Percent or Less of a Class
If this statement is being filed to report the that as of the date hereof the reporting person has ceased to
be the beneficial owner of more than five percent of the class of securities, check the following o.
Item 6. Ownership of More than Five Percent on Behalf of Another Person
N/A
Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent
Holding Company
N/A
Item 8. Identification and Classification of Members of the Group
N/A
Item 9. Notice of Dissolution of Group
N/A
Item 10. Certification
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above
were acquired and are held in the ordinary course of business and were not acquired and are
Page 4 of 5
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not held for the
purpose of or with the effect of changing or influencing the control of the issuer of the securities and were
not acquired and are not held in connection with or as a participant in any transaction have that purpose or
effect. |
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The following certification shall be included if the statement is filed pursuant to §240.13d-1(c):
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above
were not acquired and are
not held for the purpose of or with the effect of changing or influencing the
control of the issuer of the securities and were not acquired and are not held in connection with or as a
participant in any transaction having that purpose or effect. |
After reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement is true, complete and correct.
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Date: February 11, 2009
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/s/ Michael T. Lee
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Signature |
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Chief Executive Officer, President & Chief Investment Officer
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Title |
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Page 5 of 5