UNITED STATES 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) January 23, 2003 ____________________ Montana Mills Bread Co., Inc. ________________________________________________________________________________ (Exact name of registrant as specified in charter) Delaware 001-31367 16-1551461 ________________________________________________________________________________ (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 2171 Monroe Avenue, Suite 205A, Rochester, New York 14618 ________________________________________________________________________________ (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code 585-242-7540 _______________ ________________________________________________________________________________ (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE On January 23, 2003, Montana Mills Bread Co., Inc. ("Montana Mills"), Krispy Kreme Doughnuts, Inc. ("Krispy Kreme"), a North Carolina corporation listed on the New York Stock Exchange under the symbol "KKD", and Oliver Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Krispy Kreme, entered into an Agreement and Plan of Merger (the "Merger Agreement"). The holders of a majority of the Common Stock of Montana Mills have approved the Merger Agreement and the merger. The Merger Agreement is attached hereto as Exhibit 99.1. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS Exhibit 99.1 Agreement and Plan of Merger by and among Krispy Kreme Doughnuts, Inc., Oliver Acquisition Corp. and Montana Mills Bread Co, Inc. dated as of January 23, 2003. 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. MONTANA MILLS BREAD CO., INC. Dated: January 30, 2003 By: /s/ Eugene O'Donovan ------------------------------------- Eugene O'Donovan President and Chief Executive Officer