SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

Current Report Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): January 10, 2006

DAVE & BUSTER’S, INC.

(Exact name of registrant as specified in its charter)

Missouri (State of incorporation)		0000943823 (Commission File Number)		43-1532756 (IRS Employer Identification Number)

2481 Manana Drive
Dallas TX 75220
(Address of principal executive offices)

Registrant’s telephone number, including area code: (214) 357-9588

Check the appropriate box if the Form 8-K filing is intended to simultaneously satisfy the reporting obligation of the registrant under any of the following provisions:

o		Written communications pursuant to Rule 425 under the Securities Act
þ		Soliciting material pursuant to Rule 14a-12 of the Exchange Act
o		Pre-commencement communications pursuant to Rule 14d-2(b) Exchange Act
o		Pre-commencement communications pursuant to Rule 13e-4(c) Exchange Act

 

 

Item 8.01. Other Events.

     On January 10, 2006, we issued a press release announcing that we had set a record date for a special meeting of our stockholders to consider and vote upon a proposal to approve the merger agreement between Dave & Buster’s, Inc. and an affiliate of Wellspring Capital Management LLC. A copy of the press release is attached hereto as Exhibit 99.1.

Item 9.01. Financial Statements and Exhibits.

(c) Exhibits. The following are filed as Exhibits to this Report.

99.1		Press release dated January 10, 2006.

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

		News Release

For more information contact:
Jeff Elliott or Geralyn DeBusk Halliburton Investor Relations 972-458-8000

Dave & Buster’s, Inc. Sets Record Date
for Special Meeting of Stockholders

DALLAS—January 10, 2006—Dave & Buster’s, Inc. (NYSE: DAB) has established a January 18, 2006 record date for a special meeting of its stockholders at a date to be determined to consider and vote upon a proposal to approve the merger agreement between Dave & Buster’s and an affiliate of Wellspring Capital Management LLC.

On December 8, 2005, Dave & Buster’s announced that it had entered into a definitive merger agreement with an affiliate of Wellspring Capital Management LLC, a private equity firm, pursuant to which an affiliate of Wellspring will acquire all of Dave & Buster’s outstanding shares for $18.05 per share in cash. The merger agreement was unanimously approved by Dave & Buster’s board of directors and is subject to approval by its stockholders at the special meeting, which will be held at a later date. The date of the meeting will be included in the company’s proxy statement.

About Dave & Buster’s
Celebrating over 23 years of operations, Dave & Buster’s was founded in 1982 and is one of the country’s leading upscale, restaurant/entertainment concepts with 46 locations throughout the United States and in Canada. More information on the company, including the latest investor presentation is available on the company’s website, www.daveandbusters.com.

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: Statements in this press release regarding Dave & Buster’s business which are not historical facts are “forward-looking statements” that involve risks and uncertainties. For a discussion of such risks and uncertainties, which could cause actual results to differ from those contained in the forward-looking statements, see “Risk Factors” in the company’s Annual Report or Form 10-K for the most recently ended fiscal year.