0000950123-01-506819.txt : 20011009
0000950123-01-506819.hdr.sgml : 20011009
ACCESSION NUMBER: 0000950123-01-506819
CONFORMED SUBMISSION TYPE: SC 13D/A
PUBLIC DOCUMENT COUNT: 1
FILED AS OF DATE: 20010928
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: BARAKETT TIMOTHY R
CENTRAL INDEX KEY: 0001039546
STANDARD INDUSTRIAL CLASSIFICATION: []
FILING VALUES:
FORM TYPE: SC 13D/A
BUSINESS ADDRESS:
STREET 1: 152 WEST 57TH STREET
STREET 2: 45TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10019
MAIL ADDRESS:
STREET 1: 152 WEST 57TH STREET
STREET 2: 45TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10019
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: CHAMPPS ENTERTAINMENT INC/ MA
CENTRAL INDEX KEY: 0001040328
STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING & DRINKING PLACES [5810]
IRS NUMBER: 043370491
STATE OF INCORPORATION: DE
FISCAL YEAR END: 0630
FILING VALUES:
FORM TYPE: SC 13D/A
SEC ACT: 1934 Act
SEC FILE NUMBER: 005-51865
FILM NUMBER: 1748369
BUSINESS ADDRESS:
STREET 1: 5619 DTC PARKWAY
STREET 2: SUITE 1000
CITY: ENGLEWOOD
STATE: CO
ZIP: 80111
BUSINESS PHONE: 9787746606
MAIL ADDRESS:
STREET 1: ONE CORPORATE PLACE
STREET 2: 55 FERNCROFT ROAD
CITY: DANVERS
STATE: MA
ZIP: 01923
SC 13D/A
1
y5359523sc13da.txt
AMENDMENT NO. 23 SC 13D: CHAMPPS/BARAKETT
1
OMB APPROVAL
UNITED STATES OMB Number: 3235-0145
SECURITIES AND EXCHANGE COMMISSION Expires: October 31, 2002
WASHINGTON, D.C. 20549 Estimated average burden
hours per response . . 14.90
SCHEDULE 13D
UNDER THE SECURITIES EXCHANGE ACT OF 1934
(AMENDMENT NO. 23 )*
Champps Entertainment, Inc.
(Name of Issuer)
Common Stock, par value $0.01 per share
(Title of Class of Securities)
909 15K 100
(CUSIP Number)
John Zoraian
c/o Atticus Capital L.L.C.
152 West 57th Street
New York, New York 10019
(Name, Address and Telephone Number of Person Authorized to
Receive Notices and Communications)
September 21, 2001
(Date of Event which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report
the acquisition that is the subject of this schedule 13D, and is filing this
schedule because of Sections 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g),
check the following box. [ ]
NOTE: Schedules filed in paper format shall include a signed original and five
copies of the schedule, including all exhibits. See Section 240.13d-7 for other
parties to whom copies are to be sent.
*The remainder of this cover page shall be filled out for a reporting person's
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 page shall not be deemed
to be "filed" for the purpose of Section 18 of the Securities Exchange 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).
Potential persons who are to 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.
SEC 1746 (2-98)
2
CUSIP No. 909 15K 100
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1. Name Of Reporting Persons
S.S. Or I.R.S. Identification Nos. of above persons (entities
only).
Timothy R. Barakett
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2. Check The Appropriate Box If a Member of a Group (See
Instructions)
(a)
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(b)
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3. SEC Use Only
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4. Source of Funds (See Instructions) WC
-------------------------
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5. Check if Disclosure of Legal Proceedings Is Required Pursuant
to Items 2(d) or
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6. Citizenship or Place of Organization Canada
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Number of 7. Sole Voting Power 3,472,006
Shares Bene- -----------------------------
ficially by --------------------------------------------------------------
Owned by Each 8. Shared Voting Power 0
Reporting -----------------------------
Person With --------------------------------------------------------------
9. Sole Dispositive Power 3,472,006
-----------------------------
--------------------------------------------------------------
10. Shared Dispositive Power 0
-----------------------------
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11. Aggregate Amount Beneficially Owned by Each Reporting Person 3,472,006
-----------
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12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See
Instructions)
----------------------------------------------------------
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13. Percent of Class Represented by Amount in Row (11) 28.99%
---------------------
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14. Type of Reporting Person (See Instructions)
--------------------------------------------------------------------------------
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IN
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3
This Amendment No. 23 amends the original Schedule 13D as amended and restated
in its entirety by Amendment No. 18 thereto and as further amended by Amendments
No. 19, 20, 21, and 22 thereto.
ITEM 1. SECURITY AND ISSUER
No change.
ITEM 2. IDENTITY AND BACKGROUND
No change.
ITEM 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION
Item 3 is amended by replacing the current response with the following
paragraph:
"As of the date hereof, Mr. Barakett is deemed to beneficially own
3,472,006 Shares. With the exception of 5,000 options to purchase
Shares at an exercise price of $4.00 per share and 5,000 options to
purchase Shares at an exercise price of $5.75 per share (collectively,
the "Options"), all 3,472,006 Shares deemed to be owned by Mr. Barakett
are held by either the Funds or the Accounts over which Mr. Barakett
has investment discretion. The aggregate purchase price for all the
Shares that Mr. Barakett is currently deemed to beneficially own is
$22,003,225.85. The funds for the purchase of the Shares held by the
Funds or the Accounts beneficially owned by Mr. Barakett have come from
the working capital of the Funds or the Accounts. The working capital
of these entities includes the proceeds of margin loans entered into in
the ordinary course of business with Morgan Stanley Dean Witter & Co.,
such loans being secured by the securities owned by them."
ITEM 4. PURPOSE OF TRANSACTION
No change.
ITEM 5. INTEREST IN SECURITIES OF THE ISSUER
Item 5 is amended by replacing the current response with the following
paragraph:
"(a), (b) and (c) Based on the Issuer's most recent filing on Form
10-Q dated May 25, 2001, as of May 7, 2001 there were 11,977,647
Shares outstanding. Mr. Barakett owns the Options, which are deemed to
be outstanding for the purposes of this Amendment No. 23. Therefore,
Mr. Barakett may be deemed to beneficially own 28.99% of the
outstanding Shares. Mr. Barakett has the power to vote, direct the
vote, dispose of or direct the disposition of all the Shares that he
is deemed to beneficially own. Although there may be from time to time
individual Funds or Accounts for which more than 5% of the
outstanding Shares are held, they do not have the power to vote,
direct the vote, dispose of or direct the disposition of the Shares
that they own and therefore are not deemed to be beneficial owners of
the Shares. Furthermore, Mr. Barakett disclaims having any pecuniary
interest within the meaning of Rule 16a-1(a)(2) of the Securities
Exchange Act of 1934 in the Shares owned by the Accounts (including
the Accounts for which the Shares reported on Exhibit A-23 were
purchased).
All transactions in the Shares set forth in Exhibit A-23 hereto were
effected since the date of the last filing on Schedule 13D by an
Account over which Mr. Barakett has investment discretion.
(d) Dred, Ltd., an international business corporation organized under
the laws of the British Virgin Islands, whose Shares are deemed to be
beneficially owned by Mr. Barakett, has the right to receive or the
power to direct the receipt of dividends from, or the proceeds from
the sale of, 9.84% of the Shares.
ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO
SECURITIES OF THE ISSUER
No change.
4
ITEM 7. MATERIAL TO BE FILED AS EXHIBITS
Item 7 is amended and supplemented by adding the following at the end
of the current response:
Exhibit A-23 A description of the transactions in the Shares that
were effected by the Reporting Person of this Amendment
No. 23 since the date of the last filing on Schedule 13D
is filed herewith as Exhibit A-23.
5
SIGNATURE
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.
Date: September 28, 2001
TIMOTHY R. BARAKETT
/s/ TIMOTHY R. BARAKETT
-------------------------------
ATTENTION: INTENTIONAL MISSTATEMENTS OR OMISSIONS OF FACT
CONSTITUTE FEDERAL CRIMINAL VIOLATIONS (SEE 18 U.S.C. 1001)