Patina's offer won out over one from Landry's Restaurants Inc., which in March offered $9.75 (€7.19) a share for New York-based Smith & Wollensky. Patina's offer is worth $94.6 million (€69.8 million), 13 percent more than the last bid from Landry's, the Houston Chronicle reported.

Patina has assigned its rights and obligations under the merger agreement to a consortium consisting of Nick Valenti and Joachim Splichal, and the private equity firm of Bunker Hill Capital L.P. and its affiliate, Bunker Hill Capital (QP) L.P.,