SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 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): December 18, 1998 (December 18, 1998) Schlotzsky's, Inc. ------------------ (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) Texas 0-27008 74-2654208 ----- ------- ---------- (STATE OR OTHER (COMMISSION FILE (IRS EMPLOYER JURISDICTION OF NUMBER) IDENTIFICATION NO.) INCORPORATION) 203 Colorado Street Austin, Texas 78701 ------------------- (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE) Registrant's telephone number, including area code: (512) 236-3600 1 ITEM 5. OTHER EVENTS. On December 18, 1998, Schlotzsky's, Inc. (the "Registrant") issued the press release attached hereto as Exhibit 99.1, which news release is incorporated herein by this reference. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) EXHIBITS. EXHIBIT NUMBER DESCRIPTION - -------------- ----------- 3.1 Amended and Restated Bylaws (filed herewith) 4.1 Rights Agreement by and between Schlotzsky's, Inc. and Harris Trust and Savings Bank dated December 18, 1998 (incorporated by reference from the Company's Form 8-A filed with the Securities and Exchange Commission on the date hereof). 99.1 News Release of Schlotzsky's, Inc. dated December 18, 1998 (filed herewith). 2 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 thereunto duly authorized. Dated: December 18, 1998 SCHLOTZSKY'S, INC. By: /s/ John C. Wooley --------------------------------------- John C. Wooley Chairman of the Board and Chief Executive Officer 3 INDEX TO EXHIBITS EXHIBIT NUMBER DESCRIPTION - -------------- ----------- 3.1 Amended and Restated Bylaws (filed herewith). 4.1 Rights Agreement by and between Schlotzsky's, Inc. and Harris Trust and Savings Bank dated December 18, 1998 (incorporated by reference from the Company's Form 8-A filed with the Securities and Exchange Commission on the date hereof). 99.1 News Release issued by Schlotzsky's, Inc. dated December 18, 1998 (filed herewith).