-----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, GeANJ7JCOH1VIuo9CAGz8bhQ+KeMC8Jz7twClzoa9U72Aw7KKyzB8TxWE8MNe8pZ ttIhJH5IUzG5F1/9oPDHUQ== 0001013176-00-000056.txt : 20000314 0001013176-00-000056.hdr.sgml : 20000314 ACCESSION NUMBER: 0001013176-00-000056 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20000313 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DAVE & BUSTERS INC CENTRAL INDEX KEY: 0000943823 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 431532756 STATE OF INCORPORATION: MO FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: SEC FILE NUMBER: 005-46733 FILM NUMBER: 567239 BUSINESS ADDRESS: STREET 1: 2481 MANANA DRIVE CITY: DALLAS STATE: TX ZIP: 75220 BUSINESS PHONE: 2143579588 MAIL ADDRESS: STREET 1: 2481 MANANA DR CITY: DALLAS STATE: TX ZIP: 75220 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HARBER LACY J CENTRAL INDEX KEY: 0001044735 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: ROUTE 2 BOX 49Y CITY: DENNISON STATE: TX ZIP: 75020 BUSINESS PHONE: 9034656937 MAIL ADDRESS: STREET 1: ROUTE 2 BOX 49Y CITY: DENNISON STATE: TX ZIP: 75020 SC 13D/A 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 --------------- SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 5) --------------- Dave & Buster's, Inc. (Name of Issuer) Common Stock, $0.01 par value (Title of Class of Securities) 23833N104 (CUSIP Number) Lacy J. Harber LJH, Corp. 377 Neva Lane Denison, Texas 75020 (903) 465-6937 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) March 1, 2000 (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 which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4), check the following box |_|. The remainder of this cover page shall be filed 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 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). CUSIP NO. 23833N104 Schedule 13D Page 2 of 5 Pages - ------------------------------------------------------------------ 1 NAME OF REPORTING PERSON and S.S. OR I.R.S. IDENTIFICATION NO. Lacy J. Harber ###-##-#### - ------------------------------------------------------------------ 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) |_| (b) |_| - ------------------------------------------------------------------ 3 SEC USE ONLY - ------------------------------------------------------------------ 4 SOURCE OF FUNDS* WC - ------------------------------------------------------------------ 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(E) |_| - ------------------------------------------------------------------ 6 CITIZENSHIP OR PLACE OF ORGANIZATION United States - ------------------------------------------------------------------ NUMBER OF 7 SOLE VOTING POWER SHARES 1,464,300 shares BENEFICIALLY 8 SHARED VOTING POWER OWNED BY -0- shares EACH 9 SOLE DISPOSITIVE POWER REPORTING 1,464,300 shares PERSON 10 SHARED DISPOSITIVE POWER WITH -0- shares - ------------------------------------------------------------------ 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,464,300 shares - ------------------------------------------------------------------ 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* - ------------------------------------------------------------------ 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 11.30% - ------------------------------------------------------------------ 14 TYPE OF REPORTING PERSON* IN - ------------------------------------------------------------------ CUSIP NO. 23833N104 Schedule 13D Page 3 of 5 Pages - ------------------------------------------------------------------ Item 1. Security and Issuer Title of Class of Equity Securities: Common Stock, $0.01 par value per share Issuer: Dave & Buster's, Inc. 2481 Manana Drive Dallas, Texas 75220 Item 2. Identity and Background Lacy J. Harber is Chairman, President and sole shareholder of LJH, Corporation ("LJH"), which is the record holder of the Securities reported herein. The principal business of LJH is investments and its business address is 377 Neva Lane, Denison, Texas, 75020. The principal occupation of Lacy J. Harber is self-employed investor and serving as Chairman of LJH. Lacy J. Harber is a citizen of the United States of America. During the last five years, neither LJH or Lacy J. Harber have been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors) or was a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws. Item 3. Source and Amount of Funds or Other Consideration Working capital in the amount of $376,107 was used to purchase an additional 48,200 shares in open market transactions at various prices and in varying amounts since February 14, 2000 bringing the total investment for 1,464,300 shares to $10,324,987. Item 4. Purpose of Transaction Lacy J. Harber acquired through LJH the shares of Common Stock of the Issuer reported herein for investment purposes and subject to the conditions set forth below, reserves the right to make additional purchases or sales of the Common Stock in the future. As the primary goal of the Reporting Person is to maximize the value of this investment, additional transactions will depend on various factors, including, without limitation, the price of the Common Stock, stock market conditions and business prospects of the Issuer. CUSIP NO. 23833N104 13D Page 4 of 5 Pages - ------------------------------------------------------------------ Except as described above, Lacy J. Harber has no plans or proposals which relate to or would result in: (a) The acquisition by any person of additional securities of the Issuer, or the disposition of securities of the Issuer; (b) An extraordinary corporate transaction, such as a merger, reorganization or liquidation, involving the Issuer or any of its subsidiaries; (c) A sale or transfer of a material amount of assets of the Issuer or any of its subsidiaries; (d) Any change in the present board of directors or management of the Issuer, including any plans or proposals to change the number or term of directors or to fill any existing vancancies on the board of directors of the Issuer; (e) Any material change in the present capitalization or dividend policy of the Issuer; (f) Any other material change in the Issuer's business or corporate structure including but not limited to, if the Issuer is a registered closed-end investment company, any plans or proposals to make any changes in its investment policy for which a vote is required by Section 13 of the Investment Company Act of 1940, as amended; (g) Changes in the Issuer's charter, by-laws or instruments corresponding thereto or other actions which may impede the acquistion of control of the Issuer by any person; (h) Causing a class of securities of the Issuer to be de-listed from a national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation system of a registered national securities association; (i) A class of equity securities of the Issuer becoming eligible for termination of resignation pursuant to Section 12(g)(4) of the Securities Exchange Act of 1934, as amended (the "Act"), or; (j) Any action similar to any of those enumerated above. Item 5. Interest in Securities of the Issuer Lacy J. Harber beneficially owns 1,464,300 shares of Common Stock, which constitutes 11.30% of the Company's outstanding shares of Common Stock, based upon 12,953,375 outstanding as of December 9, 1999. Lacy J. Harber has the sole power to vote and the sole power to dispose of the 1,464,300 shares of Common Stock it beneficially owned. Since the most recent filing, the following transactions in the Common Stock were executed in the opening market: 32,900 shares 02/15/00 $7.81 average price 15,300 02/16/00 $7.78 No other person is known by the Reporting Person to have the right or the power to direct the receipt of dividends from, or the proceeds from the sale of, any other Shares beneficially owned. CUSIP No. 23822N104 Schedule 13D Page 5 of 5 Pages - ------------------------------------------------------------------ Item 6. Contracts, Arrangements, Understandins or Relationships with respect to Securities of the Issuer. Lacy J. Harber does not have any contracts, arrangements, or understandings or relationships (legal or otherwise) with any person with respect to any securities of the Issuer, finder's fees, joint ventures, loan or option agreements, puts or calls, guarantees of profits, division of profits or loss, or the giving or withholding of proxies. Item 7. Material to be Filed as Exhibits. Power of Attorney form December 1, 1999 appointing John P. Blackmon as attorney-in-fact and agent with full power of substitution for Lacy J. Harber and in his name, place and stead in any and all capacitites to sign any and all Schedules 13D and all amendments thereto pertaining to the Issuer as required by the provisions of the Securities Exchange Act of 1934. 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. March 3, 2000 Lacy J. Harber By: /s/ John P. Blackmon, Attorney in Fact EX-24 2 POWER OF ATTORNEY Know all men by these presents, that the undersigned hereby constitutes and appoints John P. Blackmon as his true and lawful attorney-in-fact and agent, with full power of substitution, for him and in his name, place and stead in any and all capacities to sign any or all Forms 3, Forms 4 and Schedules 13D and all amendments thereto required by the provisions of the Securities Exchange Act of 1934 pertaining to Dave & Buster's, Inc. and to file the same with all exhibits thereto and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said Attorney-in-fact and agent or any of them, or his substitute or substitutes, full power and authority to do and perform each and every act and thing requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he might or could do in person, thereby ratifying and confirming all that said attorneys-in-fact and agent, or his substitute or substitutes, may lawfully do or cause to be done by virtue hereof. Dated: December 1, 1999 /s/ Lacy J. 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