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