8-K 1 co011305-8k.txt CURRENT REPORT UNITED STATES 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 13, 2005 Cosi, Inc. -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) Delaware 000-50052 06-1393745 -------------------------------------------------------------------------------- (State or Other Jurisdiction (IRS Employer (Commission File of Incorporation) Identification No.) Number) 1751 Lake Cook Road, 6th Floor; Deerfield, Illinois 60015 -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (847) 444-3200 -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Item 2.02 Results of Operations and Financial Condition. On January 13, 2005, Cosi, Inc. (the "Company") issued a press release reporting 2004 fourth quarter and full year sales, and announcing additional franchise commitments. A copy of the press release is furnished as Exhibit 99.1. Item 9.01 (c). Exhibits. 99.1 Press Release of Cosi, Inc., dated January 13, 2005. 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. Cosi, Inc. Date: January 13, 2005 /s/ Kevin Armstrong --------------------------------------------- Name: Kevin Armstrong Title: Chief Executive Officer and President EXHIBIT INDEX Paper (P) or Exhibit No. Description Electronic (E) ----------- ---------------------------------------------- -------------- 99.1 Press Release of Cosi, Inc., dated January 13, E 2005.