8-K

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):

April 23, 2009

THE CHEESECAKE FACTORY INCORPORATED

(Exact Name of Registrant as Specified in its Charter)

Delaware	0-20574	51-0340466
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

26901 Malibu Hills Road

Calabasas Hills, California 91301

(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code:

(818) 871-3000

Not Applicable

(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):

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14.d-2(b))

o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

SECTION 2 — FINANCIAL INFORMATION

ITEM 2.02        RESULTS OF OPERATIONS AND FINANCIAL CONDITION

In a press release dated April 23, 2009, The Cheesecake Factory Incorporated announced financial results for the Company’s first quarter of fiscal 2009, which ended on March 31, 2009.

The full text of the press release is attached as Exhibit 99.1 to this report and is hereby incorporated by reference herein.

SECTION 9 — FINANCIAL STATEMENTS AND EXHIBITS

ITEM 9.01     FINANCIAL STATEMENTS AND EXHIBITS

(d)Exhibits

99.1 Press release dated April 23, 2009 entitled, “The Cheesecake Factory Reports Results for First Quarter of Fiscal 2009”

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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.

Date:    April 24, 2009	THE CHEESECAKE FACTORY INCORPORATED
	By:	/s/ W. DOUGLAS BENN
		W. Douglas Benn
		Executive Vice President and Chief Financial Officer

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EXHIBIT INDEX

Exhibit	Description
99.1	Press release dated April 23, 2009 entitled, “The Cheesecake Factory Reports Results for First Quarter of Fiscal 2009”

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EX-99.1

Exhibit 99.1

PRESS RELEASE

FOR IMMEDIATE RELEASE	Contact: Jill Peters
	(818) 871-8342
	jpeters@thecheesecakefactory.com

THE CHEESECAKE FACTORY REPORTS RESULTS FOR

FIRST QUARTER OF FISCAL 2009

Calabasas Hills, CA — April 23, 2009 — The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the first quarter of fiscal 2009, which ended on March 31, 2009.

Total revenues were $392.8 million in the first quarter of fiscal 2009 as compared to $393.8 million in the prior year first quarter.  Net income and diluted net income per share were $10.0 million and $0.17, respectively.

Operating Results

Comparable restaurant sales decreased 3.4% in the first quarter of fiscal 2009 from the first quarter of the prior year.  By concept, comparable restaurant sales decreased 3.2% and 5.0% at The Cheesecake Factory and Grand Lux Cafe, respectively, in the first quarter of fiscal 2009 from the first quarter of the prior year.

“A significant upturn in comparable restaurant sales as compared to the fourth quarter was the principal driver of our better than expected earnings per share in the first quarter,” said David Overton, Chairman and CEO.  “Guest traffic in our restaurants improved sequentially from fourth quarter levels by almost three percentage points, which is noteworthy relative to trends that we saw throughout last year and also reflects competitively strong performance.

“We also began to see results from our cost containment efforts materialize this quarter, primarily with respect to cost of sales.  The development of new menu items with favorable food costs, a benefit from certain commodity prices and the ongoing optimization of our supply chain positively impacted our financial results.  We implemented a number of cost management initiatives in other areas as well that have and should continue to deliver savings throughout the remainder of the year.

“Finally, we reduced our debt level by $25 million during the first quarter while also increasing our cash balance relative to year-end.  Debt reduction will continue to be an area of focus for us, in addition to innovative marketing of our brands and cost containment initiatives.  We are pleased with the outcome that we are seeing from our efforts,” concluded Overton.

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

Development

As planned, the Company opened one new Cheesecake Factory restaurant in the first quarter of fiscal 2009 in Walnut Creek, California.  The Company now believes it will open no more than one additional restaurant during the remainder of the year reflecting the readiness and current planned opening dates of the developments in which its restaurants will be located.

Conference Call and Webcast

A conference call to review the Company’s results for the first quarter of fiscal 2009 will be held today at 2:00 p.m. Pacific Time.  The conference call will be broadcast live over the Internet and a replay will be available shortly after the call and continue through May 23, 2009.  To listen to the conference call, please go to the Company’s website at thecheesecakefactory.com at least 15 minutes prior to the start of the call to register and download any necessary audio software. Click on the “Investors” link on the home page and select the conference call link at the top of the page.

About The Cheesecake Factory Incorporated

The Cheesecake Factory Incorporated created the upscale casual dining segment in 1978 with the introduction of its namesake concept.  The Company operates 146 restaurants throughout the U.S. under The Cheesecake Factoryâ name with an extensive menu of more than 200 items and fiscal 2008 average annual unit sales of approximately $9.8 million.  Grand Lux Cafeâ, the Company’s second concept, has 13 units in operation across the U.S. offering a broad menu of more than 150 items and average annual unit sales of approximately $10.6 million in fiscal 2008.  The Company also operates one unit of its newest concept, RockSugar Pan Asian Kitchenâ, and two bakery production facilities in Calabasas Hills, CA and Rocky Mount, NC that produce over 70 varieties of quality cheesecakes and other baked products.  Additionally, the Company licenses two bakery cafe outlets to another foodservice operator under The Cheesecake Factory Bakery Cafeâ mark.  For more information, please visit thecheesecakefactory.com.

Safe Harbor Statement

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Forward-looking statements in this release are generally identified by words such as “believes,” “anticipates,” “plans,” “expects,” “will,” and “would,” and similar expressions that are intended to identify forward-looking statements.  Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by forward-looking statements.  Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements.  In particular, forward-looking statements regarding the Company’s restaurant sales trends are subject to risks and uncertainties due to macro national and regional economic and credit market conditions, rising unemployment, public safety conditions, adverse weather and other factors outside of the Company’s control that impact consumer confidence and spending.  Forward-looking statements regarding the number and timing of the Company’s planned new restaurant openings are subject to additional risks and uncertainties due to the conditions discussed above and other factors outside of the Company’s control, including factors that are under the control of government agencies, landlords and others.  The Company is also subject to risks and

uncertainties related to the economic condition of suppliers, vendors and other third parties providing goods or services to the Company.  Forward-looking statements speak only as of the dates on which they were made.  The Company undertakes no obligation to publicly update or revise any forward-looking statements or to make any other forward-looking statements, whether as a result of new information, future events or otherwise unless required to do so by securities laws.  Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements and the discussion of risk factors contained in the Company’s filings with the Securities and Exchange Commission, which are available at sec.gov.

The Cheesecake Factory Incorporated and Subsidiaries

Consolidated Financial Statements

(unaudited; in thousands, except per share and statistical data)

	13 Weeks Ended					13 Weeks Ended
	March 31, 2009					April 1, 2008
	Amount			Percent of Revenues		Amount			Percent of Revenues
Consolidated Statements of Operations
Revenues	$	392,794		100.0	%	$	393,803		100.0	%
Costs and expenses:
Cost of sales	98,086			25.0	%	100,739			25.6	%
Labor expenses	133,240			33.9	%	132,523			33.7	%
Other operating costs and expenses	101,754			25.9	%	95,898			24.3	%
General and administrative expenses	21,410			5.5	%	20,343			5.2	%
Depreciation and amortization expenses	18,603			4.7	%	18,093			4.6	%
Preopening costs	1,720			0.4	%	2,486			0.6	%
Total costs and expenses	374,813			95.4	%	370,082			94.0	%
Income from operations	17,981			4.6	%	23,721			6.0	%
Interest expense	(5,030		)	(1.3	)%	(3,539		)	(0.9	)%
Interest income	208			0.0	%	522			0.1	%
Other expense	(175		)	0.0	%	(175		)	0.0	%
Income before income taxes	12,984			3.3	%	20,529			5.2	%
Income tax provision	2,965			0.7	%	6,200			1.6	%
Net income	$	10,019		2.6	%	$	14,329		3.6	%
Basic net income per share	$	0.17				$	0.21
Basic weighted average shares outstanding	59,315					68,110
Diluted net income per share	$	0.17				$	0.21
Diluted weighted average shares outstanding	59,520					68,629
Selected Segment Information
Revenues:
Restaurants	$	379,659				$	378,684
Bakery	24,934					27,083
Intercompany bakery sales	(11,799		)			(11,964		)
	$	392,794				$	393,803
Income from operations:
Restaurants	$	37,060				$	42,065
Bakery	2,304					3,083
Corporate	(21,383		)			(21,427		)
	$	17,981				$	23,721

	March 31, 2009		December 30, 2008
Selected Consolidated Balance Sheet Information
Cash and cash equivalents	$	88,650	$	80,365
Investments and marketable securities	—		996
Total assets	1,117,463		1,142,630
Long-term debt	250,000		275,000
Total liabilities	651,981		690,064
Stockholders’ equity	465,482		452,566

	13 Weeks Ended		13 Weeks Ended
	March 31, 2009		April 1, 2008
Supplemental Information
Comparable restaurant sales percentage change	-3.4	%	-1.8	%
Restaurants opened during period	1		0
Restaurants open at period-end	160		153
Restaurant operating weeks	2,073		1,988

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