UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
AVATEX CORPORATION
(Name of Issuer)
COMMON STOCK
(Title of Class of Securities)
351904 10 7
(CUSIP Number)
David H. Brooks
20 Red Ground Road
Old Westbury, New York 11568
(516) 626 - 1877
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(Name, Address and Telephone Number of Person Authorized to Receive Notices and
Communications)
November 24, 1997
(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
Check the following box if a fee is being paid with the statement. | X |
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.
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 2 of 9 Pages
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1 NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
David H. Brooks, IRA
084 - 46 - 0485
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a)
(b)
3 SEC USE ONLY
4 SOURCE OF FUNDS
PF
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
7 SOLE VOTING POWER
347,600
8 SHARED VOTING POWER
9 SOLE DISPOSITIVE POWER
347,600
10 SHARED DISPOSITIVE POWER
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
1,066,000
12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
7.68
14 TYPE OF REPORTING PERSON
IN
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 3 of 9 Pages
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1 NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Brooks Industries of L.I. Inc., Profit Sharing Plan
11 - 289 3289
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a)
(b)
3 SEC USE ONLY
4 SOURCE OF FUNDS
PF
5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO
ITEMS 2(d) or 2(e)
6 CITIZENSHIP OR PLACE OF ORGANIZATION
NEW YORK
7 SOLE VOTING POWER
718,400
8 SHARED VOTING POWER
9 SOLE DISPOSITIVE POWER
718,400
10 SHARED DISPOSITIVE POWER
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
1,066,000
12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
7.68
14 TYPE OF REPORTING PERSON EP
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 4 of 9 Pages
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Item 1. Security and Issuer
This statement relates to shares of common stock (the "Common Stock")
of Avatex Corporation (the "Issuer"). The Issuer's principal executive
office is located at 5910 North Central Expressway, Suite 1780, Dallas
Texas 75206.
Item 2. Identity and Background
This statement is being filed on behalf of Brooks Industries of L.I.
Inc., Profit Sharing Plan (the "Plan") and David H. Brooks, IRA (the
"IRA"). Brooks Industries of L.I., Inc. ("Brooks Industries") is a New
York Corporation which engages in the venture capital business and
securities trading. David H. Brooks has been the Chairman, President
and a Director of Brooks Industries since October, 1988, and is its
sole shareholder. Brooks Industries' principal office is at 20 Red
Ground Road, Old Westbury, New York 11568.
Mr. Brooks presently is and has served as Chairman of the Board and
Chief Executive Officer of DHB Capital Group, Inc. ("DHB") since its
inception on October 22, 1992. DHB is a publicly owned holding company
which is principally engaged through its wholly-owned subsidiaries in
the development, manufacture and distribution of
bullet-and-projectile-resistant garments, and the manufacture and
distribution of protective athletic equipment and apparel. DHB's
principal office is at 11 Old Westbury Road, Old Westbury, New York
11568. Mr. Brook's is also engaged in investing for his own account.
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 5 of 9 Pages
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Neither Mr. Brooks, the Plan, the IRA nor Brooks Industries has, during
the last five years, been convicted in a criminal proceeding (excluding
traffic violations or similar misdemeanors). Neither Mr. Brooks, the
Plan, the IRA nor Brooks Industries has, during the last five years,
been a party to a civil proceeding of a judicial or administrative body
of competent jurisdiction which resulted in a judgement, decree or
final order enjoining future violations of, or prohibiting or mandating
activities subject to, federal or state securities laws or finding any
violations with respect to such laws. Mr. Brooks is a citizen of the
United States of America.
Item 3. Source and Amount of Funds or Other Consideration
As of the date of the event which requires the filing of this
statement, the IRA and the Plan beneficially owned in the aggregate
701,000 shares of the Issuer's Common Stock (the "Shares").
The Shares were purchased on the New York Stock Exchange at an
aggregate cost of $1,755,543 . (See Exhibit B annexed hereto). The
purchases of the Shares were made from available funds in the IRA and
in the Plan. Mr. Brooks exercises sole investment discretion with
respect to the assets of his IRA and with respect to the assets of the
Plan.
Item 4. Purpose of Transaction
The Shares beneficially owned by the IRA and the Plan were acquired
for, and are being held for, investment purposes.
Neither the IRA nor the Plan has a plan or proposal which relates to,
or would result in, any of the actions enumerated in Item 4 of the
instructions to Schedule 13D.
Item 5. Interest in Securities of the Issuer
As of the date hereof, the IRA and the Plan are the beneficial owners
of 1,066,000 Shares of Common Stock of the Issuer. Based on the most
recent information from the Issuer, the IRA and the Plan believe there
to be 13,806,375 shares of Issuer's Common Stock outstanding.
Therefore, the IRA and the Plan beneficially own 7.68% of the Issuer's
outstanding shares of Common Stock. Mr. Brooks has the sole power to
vote, direct the vote, dispose of or direct the disposition of all the
shares of the Issuer's Common Stock that are currently beneficially
owned by the IRA and the Plan.
Item 6. Contracts, Arrangements, Understandings or Relationships
With Respect to Securities of the Issuer
Neither the IRA nor the Plan has any contract, arrangement,
understanding or relationship with any person with respect to the
Common Stock of the Issuer.
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 6 of 9 Pages
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Item 7. Material to be Filed as Exhibits
A copy of a written agreement relating to the filing of a joint
statement as required by Rule 13d-1(f) under the Securities Exchange
Act of 1934 is attached hereto as Exhibit A and is incorporated herein.
Attached hereto as Exhibit B is a description of the transactions in
the Common Stock of the Issuer that were effected by the IRA and the
Plan for the 60 day period ending on the date of the event which
requires the filing of this statement, and for the period from November
25, 1997 through the date hereof.
The undersigned, after reasonable inquiry and to the best of each of their
knowledge and belief, certify that the information set forth in this statement
is true, complete and correct.
Dated: December 29, 1997
DAVID H. BROOKS, IRA
By: /S/David H. Brooks
------------------
DAVID H. BROOKS
BROOKS INDUSTRIES OF L.I.
PROFIT SHARING PLAN
By: /S/David H. Brooks
------------------
David H. Brooks, Trustee
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 7 of 9 Pages
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EXHIBIT A
A G R E E M E N T
The undersigned agree that this Schedule 13D dated December
29, 1997 relating to the Shares of Common Stock of Avatex Corporation shall be
filed on behalf of the undersigned:
DAVID H. BROOKS, IRA
By: /S/David H. Brooks
------------------
DAVID H. BROOKS
BROOKS INDUSTRIES OF L.I.
PROFIT SHARING PLAN
By: /S/ David H. Brooks
-------------------
David H. Brooks, Trustee
<PAGE>
SCHEDULE 13D
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CUSIP No. 351904 10 7 Page 8 of 9 Pages
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EXHIBIT B
Transaction in Securities of the Issuer
(effected within the 60 day period ended 11/24/97
<TABLE>
<CAPTION>
Number of Shares
Reporting Person Acquisition Date of Common Stock (1) Price
- ---------------- ---------------- -------------------- -----
<S> <C> <C> <C>
David H. Brooks, IRA 11/20 900 1 5/16
11/19 52,400 1 1/4
11/13 7,700 1 1/2
11/12 11,000 1 9/16
11/06 79,500 1.477
10/07 17,700 1 5/8
10/06 10,000 1 3/4
10/02 11,300 1 3/4
-------
190,500
</TABLE>
Brooks Industries of L.I.
Profit Sharing Plan
<TABLE>
<CAPTION>
Number of Shares
Reporting Person Acquisition Date of Common Stock (1) Price
- ---------------- ---------------- -------------------- -----
<S> <C> <C> <C>
David H. Brooks, IRA 11/24 40,000 1 1/2
11/21 2,500 1 1/2
11/14 3,300 1 3/8
11/05 50,000 1 7/16
10/26 31,800 1.9965
10/25 500 1 7/8
10/19 50,000 2
10/10 52,100 1.899
10/09 39,600 1.835
-------
269,800
</TABLE>
<PAGE>
EXHIBIT B continued
Transaction in Securities of the Issuer
(effected from November 25, 1997 to the date hereof)
<TABLE>
<CAPTION>
Number of Shares
Reporting Person Acquisition Date of Common Stock (1) Price
- ---------------- ---------------- -------------------- -----
<S> <C> <C> <C>
Brooks Industries 11/25 22,400 1 1/2
of L.I. Profit 11/26 4,000 1 5/8
Sharing Plan 11/28 5,600 1 41/55
12/1 10,100 1 3/4
12/2 600 1 3/4
12/3 12,900 1 11/16
12/3 2,400 1 3/4
12/4 19,400 1 7/8
12/5 3,700 1 13/16
12/8 10,800 1 7/8
12/9 24,300 1 7/8
12/10 20,000 1 15/16
12/11 10,800 1 15/16
12/12 20,000 1 7/8
12/12 2,500 1 7/8
12/15 20,000 2
12/15 20,200 2
12/16 26,800 2
12/17 55,000 2
12/19 70,000 2
12/24 3,500 1 7/8
-------
365,000
=======
David H. Brooks IRA NONE
(1) These transactions were effected on the New York Stock Exchange.
</TABLE>
