UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE TO (RULE 13E-4) TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 ZONAGEN, INC. --------------------------------------- (NAME OF SUBJECT COMPANY (ISSUER)) ZONAGEN, INC. --------------------------------------- (Names of Filing Persons (offeror and issuer)) Common Stock, par value $0.001 per share ---------------------------------------- (Title of Class of Securities) 98975L 10 8 ----------- (CUSIP Number of Class of Securities) Joseph S. Podolski President and Chief Executive Officer Zonagen, Inc. 2408 Timberloch Place, Suite B-10 The Woodlands, Texas 77380 (281) 719-3400 (Name, address, and telephone numbers of person authorized to receive notices and communications on behalf of filing persons) Copy to: Jeffrey R. Harder Andrews Kurth LLP 10001 Woodloch Forest Drive, Suite 200 The Woodlands, Texas 77380 (713) 220-4801 |X| Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer. Check the appropriate boxes below to designate any transactions to which the statement relates: [ ] third-party tender offer subject to Rule 14d-1. [X] issuer tender offer subject to Rule 13e-4. [X] going-private transaction subject to Rule 13e-3. [ ] amendment to Schedule 13D under Rule 13d-2. Check the following box if the filing is a final amendment reporting results of the tender offer: [ ] ITEM 12. EXHIBITS. (a)(1) Press Release Issued on October 17, 2003 Announcing Proposed Tender Offer. 2 EXHIBIT INDEX Exhibit Number Description ------- ----------- (a)(1) Press Release Issued on October 17, 2003 Announcing Proposed Tender Offer. 3