SCHEDULE 14A INFORMATION
PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES
EXCHANGE ACT OF 1934
Filed by the Registrant [X]
Filed by a Party other than the Registrant [ ]
Check the appropriate box:
[ ] Preliminary Proxy Statement
[ ] Confidential, For Use of the Commission Only (as permitted by
Rule 14a-6(e) (2))
[ ] Definitive Proxy Statement
[ ] Definitive Additional Materials
[X] Soliciting Material under Rule 14a-12
DAVE & BUSTER'S, INC.
(Name of Registrant as specified in its Charter)
(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:
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(2) Aggregate number of securities to which transaction applies:
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(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:
Filed by Dave & Buster's, Inc. pursuant to Rule 14a-12 under the Securities
Exchange Act of 1934 Subject Company: Dave & Buster's, Inc. Commission File No.:
0-943823
Set forth below is the text of a press release issued by Dave & Buster's, Inc.
on September 30, 2002. The press release is not intended to be a proxy
solicitation. Dave & Buster's, Inc. intends to file with the Securities and
Exchange Commission (the "SEC") a proxy statement in connection with the
proposed merger. A copy of the proxy statement filed with the SEC will be
mailed to the stockholders of Dave & Buster's. Investors and stockholders of
Dave & Buster's are urged to read the proxy statement when it becomes available
because it will contain important information about Dave & Buster's, D&B
Acquisition Sub and the proposed merger. When they become available, the proxy
statement and any other documents filed with the SEC by Dave & Buster's, may be
obtained free of charge at the SEC's web site at www.sec.gov. In addition,
investors and shareholders also may obtain free copies of the proxy statement
and any other documents filed with the SEC by Dave & Buster's by contacting
Dave & Buster's Investor Relations, 2481 Manana Drive, Dallas, Texas 75220,
(214) 904-2288, or from the Company's website, www.daveandbusters.com.
Investors and shareholders are urged to read the proxy statement when it
becomes available before making any voting or investment decision with respect
to the proposed merger.
NEWS RELEASE
[DAVE & BUSTERS LOGO]
FOR IMMEDIATE RELEASE
FOR MORE INFORMATION CONTACT:
INVESTOR RELATIONS 214.904.2288
DAVE & BUSTER'S, INC. ANNOUNCES EXTENSION OF MERGER DEADLINE
DALLAS (BusinessWire) -- September 30, 2002 -- Dave & Buster's, Inc. (NYSE:DAB)
announced today that the Company and D&B Acquisition Sub, Inc., a group led by
Dave & Buster's Inc. founders and certain members of its senior executive
management, together with Investcorp, a global investment group, and
international investors organized by Investcorp, have amended the previously
announced merger agreement to extend the termination deadline from October 31,
2002 to November 27, 2002. All other terms and conditions of the merger remain
unchanged.
The Company stated that the date was extended to allow additional time to
complete and mail proxy materials and to allow appropriate time for its
shareholders to review the information before voting on the merger. The Company
is currently working to finalize the proxy materials. Once the Company has
received clearance to mail the proxy materials, Dave & Buster's will set the
date for the special shareholders meeting and issue an associated news release.
Founded in 1982, Dave & Buster's is one of the country's leading upscale,
restaurant/ entertainment concepts with 32 locations throughout the United
States. Additionally, Dave & Buster's has international license agreements for
the Pacific Rim, Canada, the Middle East, Mexico and Korea.
This release contains forward-looking statements that involve assumptions
regarding Company operations and future prospects. Although the Company believes
its expectations are based on reasonable assumptions, such statements are
subject to risk and uncertainty that could cause the actual results to differ
from those stated or implied in this and other Company communications.
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