-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SDXSNskCCMuAirX0i7KkcXA+8TW/K+ztifRYzJTr7eiMJB4YHoxaW6ZrfiNfDA0N VCfOPl+xrGyJ0YG0+0YpXg== 0000921530-02-000034.txt : 20020414 0000921530-02-000034.hdr.sgml : 20020414 ACCESSION NUMBER: 0000921530-02-000034 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20020131 GROUP MEMBERS: LOUIS M. BACON GROUP MEMBERS: MOORE GLOBAL INVESTMENTS, LTD. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: ADVANTICA RESTAURANT GROUP INC CENTRAL INDEX KEY: 0000852772 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 133487402 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-40568 FILM NUMBER: 02523612 BUSINESS ADDRESS: STREET 1: 203 E MAIN ST CITY: SPARTANBURG STATE: SC ZIP: 29319 BUSINESS PHONE: 8645978000 MAIL ADDRESS: STREET 1: 203 EAST MAINE STREET CITY: SPARTANBURG STATE: SC ZIP: 29319 FORMER COMPANY: FORMER CONFORMED NAME: FLAGSTAR COMPANIES INC DATE OF NAME CHANGE: 19930722 FORMER COMPANY: FORMER CONFORMED NAME: TW HOLDINGS INC DATE OF NAME CHANGE: 19920703 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MOORE CAPITAL MANAGEMENT INC /NEW CENTRAL INDEX KEY: 0000924178 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 1251 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10020 BUSINESS PHONE: 2127827325 MAIL ADDRESS: STREET 1: 1251 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10020 SC 13G/A 1 advantica_13g-123101.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* ADVANTICA RESTAURANT GROUP, INC. -------------------------------- (Name of Issuer) Common Stock, $.01 par value ---------------------------- (Title of Class of Securities) 00758B109 --------- (CUSIP Number) December 31, 2001 ----------------- (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [_] Rule 13d-1(b) [X] Rule 13d-1(c) [_] Rule 13d-1(d) *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 the 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). Continued on following pages Page 1 of 9 Pages SCHEDULE 13G CUSIP No. 00758B109 Page 2 of 9 Pages 1 Names of Reporting Persons I.R.S. Identification Nos. of above persons (entities only) LOUIS M. BACON 2 Check the Appropriate Box If a Member of a Group (See Instructions) a. [_] b. [X] 3 SEC Use Only 4 Citizenship or Place of Organization UNITED STATES 5 Sole Voting Power Number of 0 Shares Beneficially 6 Shared Voting Power Owned By 593,577 Each Reporting 7 Sole Dispositive Power Person 0 With 8 Shared Dispositive Power 593,577 9 Aggregate Amount Beneficially Owned by Each Reporting Person 593,577 10 Check Box If the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) [_] 11 Percent of Class Represented By Amount in Row (9) 1.48% 12 Type of Reporting Person (See Instructions) IA SCHEDULE 13G CUSIP No. 00758B109 Page 3 of 9 Pages 1 Names of Reporting Persons I.R.S. Identification Nos. of above persons (entities only) MOORE CAPITAL MANAGEMENT, INC. 2 Check the Appropriate Box If a Member of a Group (See Instructions) a. [_] b. [X] 3 SEC Use Only 4 Citizenship or Place of Organization CONNECTICUT 5 Sole Voting Power Number of 0 Shares Beneficially 6 Shared Voting Power Owned By 552,124 Each Reporting 7 Sole Dispositive Power Person 0 With 8 Shared Dispositive Power 552,124 9 Aggregate Amount Beneficially Owned by Each Reporting Person 552,124 10 Check Box If the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) [X] 11 Percent of Class Represented By Amount in Row (9) 1.38% 12 Type of Reporting Person (See Instructions) CO, IA SCHEDULE 13G CUSIP No. 00758B109 Page 4 of 9 Pages 1 Names of Reporting Persons I.R.S. Identification Nos. of above persons (entities only) MOORE GLOBAL INVESTMENTS, LTD. 2 Check the Appropriate Box If a Member of a Group (See Instructions) a. [_] b. [X] 3 SEC Use Only 4 Citizenship or Place of Organization BAHAMAS 5 Sole Voting Power Number of 0 Shares Beneficially 6 Shared Voting Power Owned By 552,124 Each Reporting 7 Sole Dispositive Power Person 0 With 8 Shared Dispositive Power 552,124 9 Aggregate Amount Beneficially Owned by Each Reporting Person 552,124 10 Check Box If the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) [X] 11 Percent of Class Represented By Amount in Row (9) 1.38% 12 Type of Reporting Person (See Instructions) CO Page 5 of 9 Pages Item 1(a) Name of Issuer: Advantica Restaurant Group, Inc. (the "Issuer") Item 1(b) Address of the Issuer's Principal Executive Offices: 203 East Main Street, Spartanburg, SC 29319 Item 2(a) Name of Person Filing: The Statement is being filed by (1) Louis M. Bacon ("Mr. Bacon"), in his capacity as (a) Chairman and Chief Executive Officer, director and controlling shareholder of Moore Capital Management, Inc. ("MCM") and (b) Chairman, Chief Executive Officer and director of Moore Capital Advisors, LLC ("MCA"), as well as the sole beneficial owner of a Deleware LLC that is the managing member of MCA (2) MCM and (3) Moore Global Investments, Ltd. ("MGI") (collectively, the "Reporting Persons"). MCM, a registered commodity trading advisor serves as discretionary investment manager to MGI. MCA is a New York limited liability company and a registered commodity trading advisor and commodity pool operator. MCA serves as general partner and discretionary investment manager to Remington Investment Strategies, L.P. ("RIS"), a U.S. partnership. In such capacities, MCA may be deemed the beneficial owner of the Shares (as defined herein) held for the account of RIS. The principal occupation of Mr. Bacon is the direction of the investment activities of MCM and MCA, carried out in his capacity as Chairman and Chief Executive Officer of such entities. In such capacity, Mr. Bacon may be deemed the beneficial owner of the Shares (as defined herein) held for the accounts of MGI and RIS. Item 2(b) Address of Principal Business Office or, if None, Residence: The principal business offices of Mr. Bacon, MCM and MGI are located at 1251 Avenue of the Americas, New York, New York 10020. Item 2(c) Citizenship: i) Mr. Bacon is a United States citizen; ii) MCM is a Connecticut corporation; and iii) MGI is a Bahamas corporation. Item 2(d) Title of Class of Securities: Common Stock, $.01 par value (the "Shares"). Page 6 of 9 Pages Item 2(e) CUSIP Number: 00758B109 Item 3. If this statement is filed pursuant to Rule 13d-1(b), or 13d-2(b) or (c), check whether the person filing is a: This Item 3 is not applicable. Item 4. Ownership: Item 4(a) Amount Beneficially Owned: Each of the Reporting Persons may be deemed the beneficial owner of the following number of Shares: (i) Mr. Bacon may be deemed the beneficial owner of 593,577 Shares. This number consists of (A) 552,124 Shares held for the account of MGI and (B) 41,453 Shares held for the account of RIS. (ii) MCM may be deemed the beneficial owner of 552,124 Shares. This number consists of 552,124 Shares held for the account of MGI. (iii) MGI may be deemed the beneficial owner of 552,124 Shares held for its own account. Item 4(b) Percent of Class: (i) The number of Shares of which Mr. Bacon may be deemed to be the beneficial owner constitutes approximately 1.48% of the total number of Shares outstanding. (ii) The number of Shares of which each MCM may be deemed to be the beneficial owner constitutes approximately 1.38% of the total number of Shares outstanding. (iii) The number of Shares of which each of MGI may be deemed to be the beneficial owner constitutes approximately 1.38% of the total number of Shares outstanding. Item 4(c) Number of shares as to which such person has: Mr. Bacon: - --------- (i) Sole power to vote or to direct the vote: 0 (ii) Shared power to vote or to direct the vote: 593,577 (iii) Sole power to dispose or to direct the disposition of: 0 (iv) Shared power to dispose or to direct the disposition of: 593,577 Page 7 of 9 Pages MCM: - --- (i) Sole power to vote or to direct the vote: 0 (ii) Shared power to vote or to direct the vote: 552,124 (iii) Sole power to dispose or to direct the disposition of: 0 (iv) Shared power to dispose or to direct the disposition of: 552,124 MGI: - --- (i) Sole power to vote or to direct the vote: 0 (ii) Shared power to vote or to direct the vote: 552,124 (iii) Sole power to dispose or to direct the disposition of: 0 (iv) Shared power to dispose or to direct the disposition of: 552,124 Item 5. Ownership of Five Percent or Less of a Class: If this statement is being filed to report the fact that as of the date hereof the Reporting Persons have ceased to be the beneficial owners of more than five percent of the class of securities, check the following [X]. Item 6. Ownership of More than Five Percent on Behalf of Another Person: (i) The shareholders of MGI have the right to participate in the receipt of dividends from, or proceeds from the sale of, Shares held by MGI in accordance with their ownership interests in MGI. (ii) The partners of RIS have the right to participate in the receipt of dividends from, or proceeds from the sale of, the Shares held by RIS in accordance with their partnership interests in RIS. Page 8 of 9 Pages Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company: This Item 7 is not applicable. Item 8. Identification and Classification of Members of the Group: This Item 8 is not applicable. Item 9. Notice of Dissolution of Group: This Item 9 is not applicable. Item 10. Certification: By signing below each signatory certifies that, to the best of his/its knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the Issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. Page 9 of 9 Pages SIGNATURES After reasonable inquiry and to the best of my knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct. Date: January 31, 2002 LOUIS M. BACON By: /s/ Stephen R. Nelson --------------------- Name: Stephen R. Nelson Title: Attorney-in-Fact MOORE CAPITAL MANAGEMENT, INC. By: /s/ Stephen R. Nelson --------------------- Name: Stephen R. Nelson Title: Attorney-in-Fact MOORE GLOBAL INVESTMENTS, LTD. By: /s/ Stephen R. Nelson --------------------- Name: Stephen R. Nelson Title: Attorney-in-Fact -----END PRIVACY-ENHANCED MESSAGE-----