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): January 9, 2004 Schlotzsky's, Inc. (Exact name of registrant as specified in its charter) Texas 0-27008 74-2654208 (State or other jurisdiction of (Commission File Number) (IRS Employer incorporation) Identification No.) 203 Colorado Street, Ste. 600 Austin, Texas 78701 (Address of principal executive offices) (Zip code) (512) 236-3800 Registrant's telephone number, including area code: Not Applicable (Former name or former address, if changed since last report) Item 5. Other Events and Regulation FD Disclosure. In accordance with General Instruction B.2. of Form 8-K, the following information shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended. Schlotzsky's, Inc. disclaims any intention or obligation to update or revise this information. Attached as Exhibit 99.1, and incorporated herein by reference, is a copy of the registrant's press release dated January 9, 2004, announcing the modification and extension of certain debt with NS Associates I, Ltd. Attached and incorporated herein by reference in its entirety as Exhibit 99.1 is a copy of the press release. SIGNATURE 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. SCHLOTZSKY'S, INC. By: /s/ John C. Wooley --------------------------- Name: John C. Wooley Title: President and Chief Executive Officer Date: January 9, 2004 INDEX TO EXHIBITS Exhibit Number Description - -------------- ----------- 99.1 Schlotzsky's, Inc. Press Release dated January 9, 2004.