UNITED STATES
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 24, 2009

BENIHANA INC.

(Exact name of registrant as specified in its charter)

Delaware

 

0-26396

 

65-0538630

(State or other jurisdiction

of incorporation)

(Commission

File Number)

(I.R.S. Employer

Identification No.)

8685 Northwest 53rd Terrace, Miami, Florida

33166

(Address of principal executive offices)

(Zip Code)

Registrant’s telephone number, including area code:

(305) 593-0770

None

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):

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Item 2.02     Results of Operations and Financial Condition.

On November 24, 2009, the Registrant issued a press release announcing its earnings for the fiscal second quarter 2010 ended October 11, 2009.

A copy of the press release is included with this Report as Exhibit 99.1.

Item 9.01     Financial Statements and Exhibits.

(c) Exhibit 99.1. Press Release of Benihana Inc. dated November 24, 2009.

SIGNATURES

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

BENIHANA INC.

 
 

Dated:

November 24, 2009

By: /s/ Jose I. Ortega

Jose I. Ortega

Vice President of Finance and
Chief Financial Officer