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 November 3, 2003 Updating Proposed Tender Offer. EXHIBIT INDEX Exhibit Number Description ------- ----------- (a)(1) Press Release Issued on November 3, 2003 Updating Proposed Tender Offer.