1 FORM 10-Q/A SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 [x] Quarterly report pursuant to Section 13 or 15(d) of the Securities Act of 1934 for the quarterly period ended SEPTEMBER 26, 1999. [ ] Transition report pursuant to Section 13 or 15(d) of the Securities Act of 1934 for the transition period from to . ------------- ----------------- Commission File Number 1-3189 NATHAN'S FAMOUS, INC. ------------------------------------------------------ (Exact name of registrant as specified in its charter) DELAWARE 11-3166443 (State or other jurisdiction of (IRS employer incorporation or organization) identification number) 1400 OLD COUNTRY ROAD, WESTBURY, NEW YORK 11590 -------------------------------------------------------- (Address of principal executive offices including zip code) (516) 338-8500 -------------- (Registrant's telephone number, including area code) Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No --- --- At September 26, 1999, an aggregate of 4,722,216 shares of the registrant's common stock, par value of $.01, were outstanding. 2 ITEM 6: EXHIBITS AND REPORTS ON FORM 8-K (a) Exhibits (3) Certificate of Incorporation, as amended (b) No reports on Form 8-K were filed during the quarter ended September 26, 1999. -2- 3 SIGNATURES Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. NATHAN'S FAMOUS, INC. Date: December 1, 1999 By: /s/ Wayne Norbitz -------------------------------------- Wayne Norbitz President and Chief Operating Officer (Principal Executive Officer) Date: December 1, 1999 By: /s/ Ronald G. DeVos ----------------------------------------------- Ronald G. DeVos Vice President - Finance and Chief Financial Officer (Principal Financial and Accounting Officer)