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Published on 10/17/2008 in the Prospect News Special Situations Daily.

Kelly Capital seeks to acquire Rubio's Restaurants for $5 per share

By Lisa Kerner

Charlotte, N.C., Oct. 17 - Rubio's Restaurants, Inc. said Kelly Capital Investments, LLC is interested in buying the company for $5.00 per share, subject to Kelly Capital obtaining financing.

According to a Rubio's news release, the company's board of directors will consider the Oct. 15 letter "consistent with its fiduciary duties."

The investors have a 5.9% stake in the Carlsbad, Calif., fast-casual Mexican restaurant chain.

Kelly Capital said in the letter that its goal is to "complete a friendly transaction that retains key management and staff beyond closing," it was reported in a schedule 13D filed with the Securities and Exchange Commission.

The per-share offer price is an approximate 26% premium to Rubio's current market price, Kelly Capital said.

Kelly Capital is a private equity and special situations firm with offices in San Diego, Dallas and Nashville.


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