-----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, KUMYlhBOXCVORfEW1512R6l8399Dcca5KmvSeZkyPhqgefgwDkvTAeI/6jdrjsgu X/UEhbqLwN1Wmk0/JimxxA== 0001012870-97-001386.txt : 19970804 0001012870-97-001386.hdr.sgml : 19970804 ACCESSION NUMBER: 0001012870-97-001386 CONFORMED SUBMISSION TYPE: SC 14D9/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 19970801 SROS: NASD SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DH TECHNOLOGY INC CENTRAL INDEX KEY: 0000728376 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRONIC COMPONENTS, NEC [3679] IRS NUMBER: 942917470 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 14D9/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-36652 FILM NUMBER: 97650333 BUSINESS ADDRESS: STREET 1: 15070 AVENUE OF SCIENCE CITY: SAN DIEGO STATE: CA ZIP: 92128 BUSINESS PHONE: 6194513485 MAIL ADDRESS: STREET 1: 15070 AVENUE OF SCIENCE CITY: SAN DIEGO STATE: CA ZIP: 92128 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: DH TECHNOLOGY INC CENTRAL INDEX KEY: 0000728376 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRONIC COMPONENTS, NEC [3679] IRS NUMBER: 942917470 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 14D9/A BUSINESS ADDRESS: STREET 1: 15070 AVENUE OF SCIENCE CITY: SAN DIEGO STATE: CA ZIP: 92128 BUSINESS PHONE: 6194513485 MAIL ADDRESS: STREET 1: 15070 AVENUE OF SCIENCE CITY: SAN DIEGO STATE: CA ZIP: 92128 SC 14D9/A 1 AMENDMENT #1 TO SCHEDULE 14D-9 ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 -------------------- AMENDMENT NO. 1 TO SCHEDULE 14D-9 SOLICITATION/RECOMMENDATION STATEMENT PURSUANT TO SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 DH TECHNOLOGY, INC. (Name of Subject Company) DH TECHNOLOGY, INC. (Name of Person(s) Filing Statement) COMMON STOCK, WITHOUT PAR VALUE (Title of Class of Securities) 23290610 (CUSIP Number of Class of Securities) WILLIAM H. GIBBS CHAIRMAN OF THE BOARD 15070 AVENUE OF SCIENCE SAN DIEGO, CALIFORNIA 92128 (619) 451-3485 (Name, address and telephone number of person authorized to receive notice and communications on behalf of the person(s) filing statement) Copies to: HENRY P. MASSEY, JR., ESQ. STEVEN L. BERSON, ESQ. WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION 650 PAGE MILL ROAD PALO ALTO, CALIFORNIA 94304-1050 (415) 493-9300 ================================================================================ This Amendment No. 1 amends and supplements the Solicitation/Recommendation Statement on Schedule 14D-9, dated July 16, 1997, filed by DH Technology, Inc. (the "Company") in connection with the offer by AX Acquisition Corporation to purchase no less than 6,500,000 and no more than 7,000,000 shares of Common Stock, without par value, of the Company. Unless otherwise indicated, all terms referred to herein shall have the same meaning as set forth in the Schedule 14D-9. ITEM 8. ADDITIONAL INFORMATION TO BE FURNISHED. Item 8 is hereby amended to add the following paragraph: On August 1, 1997, the Company and Axiohm S.A. issued a joint press release, a copy of which is attached hereto as Exhibit (a)(8), announcing that the Department of Justice had extended the HSR Act waiting period concerning the Offer. ITEM 9. MATERIAL TO BE FILED AS EXHIBITS. Exhibit (a)(8) -- Form of Press Release dated August 1, 1997.* - --------------- *This document is being filed with the Securities and Exchange Commission and is not being mailed to the stockholders. Copies are available, however, upon written request to the Company at 15070 Avenue of Science, San Diego, California, Attention: Secretary. SIGNATURE 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. Date: August 1, 1997 DH TECHNOLOGY, INC. By:/s/William H. Gibbs ---------------------------- William H. Gibbs Chairman of the Board EXHIBIT INDEX ------------- Exhibit No. Page No. - ----------- -------- (a)(8) -- Form of Press Release dated August 1, 1997 EX-99.(A)(8) 2 FORM OF PRESS RELEASE DATED 8/1/97 Exhibit (a)(8) -------------- FOR: DH TECHNOLOGY APPROVED BY: Walter S. Sobon Chief Financial Officer (619) 451-3485 CONTACTS: Morgan-Walke Associates Chris Damme, Doug Sherk (415) 296-7383 FOR IMMEDIATE RELEASE DEPARTMENT OF JUSTICE EXTENDS WAITING PERIOD ON AXIOHM'S TENDER OFFER FOR DH TECHNOLOGY SAN DIEGO, CA/August 1, 1997--DH Technology, Inc. (Nasdaq: DHTK) ("DH") and Axiohm S.A. ("Axiohm") today announced that the Antitrust Division of the Department of Justice ("DOJ") extended the Hart-Scott-Rodino waiting period concerning the tender offer by Axiohm for shares of DH Technology by requesting additional information. DH Technology and Axiohm will cooperate with the DOJ in an effort to terminate the waiting period as quickly as possible. The parties do not currently expect that the completion of the tender offer will be delayed as a result of this action. DH Technology designs, manufactures and distributes transaction printers and mechanisms, magnetic and chip card readers, magnetic heads, impact printheads, bar code printers, and related services and supplies, such as labels and ribbons. The Company's products provide solutions for many diverse applications, including freight and bar code labels, bank transactions, point-of-sale receipts and gaming tickets. The Company employs a broad range of technologies, including thermal, impact, and laser printing, as well as magnetic and electronic (chip) card reading technologies. [Letterhead of Morgen-Walke Associates, Inc. appears here] -----END PRIVACY-ENHANCED MESSAGE-----