-----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, EwAKWVSFHxbUEVAcTSD2+CxnfZcdMz82lFDoXFL79uI/oHi4Uvn/+MCojyaV62P9 0AMfPwgHgLrw+0mcEglAlQ== 0000922423-03-000501.txt : 20030520 0000922423-03-000501.hdr.sgml : 20030520 20030520145252 ACCESSION NUMBER: 0000922423-03-000501 CONFORMED SUBMISSION TYPE: DFAN14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20030520 EFFECTIVENESS DATE: 20030520 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: DOLPHIN LTD PARTNERSHIP I LP CENTRAL INDEX KEY: 0001176314 IRS NUMBER: 061567782 STATE OF INCORPORATION: DE FISCAL YEAR END: 1130 FILING VALUES: FORM TYPE: DFAN14A MAIL ADDRESS: STREET 1: 96 CUMMINGS POINT ROAD CITY: STAMFORD STATE: CT ZIP: 06902 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: DFAN14A SEC ACT: 1934 Act SEC FILE NUMBER: 001-15007 FILM NUMBER: 03712209 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 DFAN14A 1 kl05045_dfan14a.txt DFAN 14A DEFINITIVE ADDITIONAL MATERIALS SCHEDULE 14A (Rule 14a-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant / / Filed by a Party other than the Registrant /X/ Check the appropriate box: / / Preliminary Proxy Statement / / Confidential, for Use of the Commission Only (as permitted by Rule14a-6(e)(2)) / / Definitive Proxy Statement /X/ Definitive Additional Materials / / Soliciting Material under Rule 14a-12 ----------- Dave & Buster's, Inc. --------------------- (Name of Registrant as Specified In Its Charter) Dolphin Limited Partnership I, L.P. ----------------------------------- (Name of Person(s) Filing Proxy Statement, if other than the Registrant) Payment of Filing Fee (Check the appropriate box): /X/ No fee required. / / Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11. (1) Title of each class of securities to which transaction applies: Common Stock, par value $.01 per share -------------------------------------------------------------- (2) Aggregate number of securities to which transaction applies: (3) Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined): (4) Proposed maximum aggregate value of transaction: (5) Total fee paid: / / Fee paid previously with preliminary materials. / / Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. (1) Amount Previously Paid: (2) Form, Schedule or Registration Statement No.: (3) Filing Party: (4) Date Filed: FOR IMMEDIATE RELEASE For further information, contact: Arthur B. Crozier Innisfree M&A Incorporated 212-750-5833 DOLPHIN MAILING ITS PROXY MATERIALS IN SUPPORT OF ITS INDEPENDENT DIRECTOR SLATE IN OPPOSITION TO MANAGEMENT AT THE DAVE & BUSTER'S JUNE 10, 2003 ANNUAL MEETING STAMFORD, CT - May 20, 2003 -- Dolphin Limited Partnership I, L.P., the largest shareholder of Dave and Buster's Inc. (NYSE:DAB) with 9.5% of the outstanding shares announced today that it had commenced mailing its proxy materials in support of its slate of independent director nominees. Dolphin's independent director nominees for election at the June 10, 2003 Annual Meeting are Donald Netter, Edward Weinstein, and Edward Hartline. Messrs. Weinstein and Hartline have no prior business relationship with Dolphin and are serving on this slate in order to benefit shareholders. These nominees are highly qualified and Dolphin has committed substantial resources and time to pursue this proxy contest to maximize value for all shareholders. Dolphin's candidates are running for three seats on the recently expanded nine member board that are up for election at this year's Annual Meeting under the Company's classified board structure. Dolphin believes that by electing its slate, shareholders will be empowered to change control of the board at the 2004 Annual Meeting if the board falters again. Dolphin is seeking to install directors who are independent of management and untainted by what Dolphin believes was an improper and conflicted sale process in which a super majority of the current board presided over. Towards its objective of maximizing value for all shareholders, Dolphin's independent director slate is also committed to addressing what they believe have been the Company's disappointing operating results and share price performance over the past few years. The positions and platform of Dolphin's nominees are described in detail in its proxy statement. Shareholders who would like a copy of Dolphin's proxy material or have questions, please feel free to call Innisfree M&A Incorporated toll free at 1-888-750-5834. ### -----END PRIVACY-ENHANCED MESSAGE-----