-----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, CjvJldfZhqHRH4IAFAiQu7UWEbgURLjCBf20dacQoY+0j5O3FnDD+AE2eWIPOC// vEslUbJvHl+NvX/n+yuvXQ== 0000849101-03-000020.txt : 20030701 0000849101-03-000020.hdr.sgml : 20030701 20030701160328 ACCESSION NUMBER: 0000849101-03-000020 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030629 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030701 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AVADO BRANDS INC CENTRAL INDEX KEY: 0000849101 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 592778983 STATE OF INCORPORATION: GA FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19542 FILM NUMBER: 03768181 BUSINESS ADDRESS: STREET 1: HANCOCK AT WASHINGTON CITY: MADISON STATE: GA ZIP: 30650 BUSINESS PHONE: 7063424552 MAIL ADDRESS: STREET 1: HANCOCK AT WASHINGTON CITY: MADISON STATE: GA ZIP: 30650 FORMER COMPANY: FORMER CONFORMED NAME: APPLE SOUTH INC DATE OF NAME CHANGE: 19950111 8-K 1 noteclaim-8k.txt FORM 8-K 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): July 1, 2003 AVADO BRANDS, INC. ------------------------------------------------------ (Exact name of Registrant as Specified in its Charter) Georgia 0-19542 59-2778983 - ------------------------------- ---------------- ------------------- (State or other Jurisdiction of (Commission File (IRS Employer Incorporation or Organization) Number) Identification No.) Hancock at Washington Madison, Georgia 30650 - ---------------------------------------- ------------------------- Registrant's telephone number, including area code: (706) 342-4552 Not Applicable (Former name or former address, if changed since last report) ITEM 7. FINANCIAL STATEMENTS, PRO FORMA INFORMATION AND EXHIBITS (a) Financial Statements of Businesses Acquired: None. (b) Pro Forma Financial Information: None. (c) Exhibits: 99.1 Avado Brands, Inc. press release dated July 1, 2003, commenting on what it considers to be baseless claims, seeking payment acceleration, made by certain noteholders of the Company. ITEM 9. REGULATION FD DISCLOSURE Avado Brands, Inc. is furnishing the following information and Exhibit 99.1 pursuant to Item 9 of Form 8-K On July, 1, 2003, the Company issued a press release commenting on what it considers to be baseless claims, seeking payment acceleration, made by certain noteholders of the Company. A copy of the press release is attached as Exhibit 99.1. This information is furnished solely pursuant to Item 9 of Form 8-K. Consequently, it is not deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liabilities of that section. It may only be incorporated by reference in another filing under the Exchange Act or Securities Act of 1933 if such subsequent filing specifically references this Form 8-K. 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 hereunto duly authorized. AVADO BRANDS, INC. By:/s/Louis J. Profumo ---------------------- Chief Financial Officer Date: July 1, 2003 3 EX-99 3 noteclaimrel.txt PRESS RELEASE EXHIBIT 99.1 Avado Brands Comments on Baseless Noteholders' Claim Madison, GA., July 1, 2003 - Avado Brands, Inc. (OTC BB: AVDO) today announced that a noteholders' claim, seeking payment acceleration, is completely without merit. "We have met all the terms and covenants of our debt and there is no basis for these noteholders to seek payment acceleration," said Louis J. (Dusty) Profumo, Avado's Chief Financial Officer and Treasurer. "As we announced earlier, Avado made its semi-annual interest payments on both its senior and senior subordinated notes that were due in June 2003, and the Company fully expects to pay the interest obligations on its notes due in December 2003 and beyond. Further, we are in full compliance with all other terms and covenants of our secured and unsecured debt." Avado's Chairman and Chief Executive Officer, Tom DuPree, Jr. noted, "We remain focused on our business of providing superior food and service to our valued customers while meeting our commitments to all our stakeholders." Avado Brands owns and operates two proprietary brands, comprised of 109 Don Pablo's Mexican Kitchens and 65 Hops Restaurant o Bar o Breweries. Additionally, the Company operates two Canyon Cafe restaurants, which are held for sale. Statements contained in the press release that are not historical facts are forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. All forward-looking statements are subject to risks and uncertainties which could cause actual results to differ from those anticipated. Factors that may cause actual results to differ from the forward-looking statements contained in this release and that may affect the Company's prospects in general are described in Exhibit 99.1 to the Company's Form 10-Q for the fiscal quarter ended April 2, 2000, and the Company's other filings with the Securities and Exchange Commission. -----END PRIVACY-ENHANCED MESSAGE-----