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):

January 11, 2011

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))

ITEM 2.02        RESULTS OF OPERATIONS AND FINANCIAL CONDITION

The following information is intended to be furnished under Item 2.02 of Form 8-K, “Results of Operations and Financial Condition.” This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date of this report, regardless of any general incorporation language in the filing.

In a press release dated January 11, 2011, The Cheesecake Factory Incorporated (the “Company”) announced preliminary, unaudited revenues and comparable restaurant sales results for the Company’s fourth quarter of fiscal 2010, which ended on December 28, 2010.  The full text of the press release is furnished herewith as Exhibit 99.1 to this report.

ITEM 7.01        REGULATION FD DISCLOSURE

The following information is intended to be furnished under Item 7.01 of Form 8-K, “Regulation FD Disclosure.” This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date of this report, regardless of any general incorporation language in the filing.

As previously disclosed on Form 8-K filed with the SEC on January 4, 2011, management of The Cheesecake Factory Incorporated (the “Company”) will present at the Cowen and Company 9th Annual Consumer Conference in New York City on January 11, 2011 at 9:30 a.m. Eastern Time.  At that conference, the Company plans to reaffirm its guidance for fiscal year 2011 which was previously disclosed during its earnings conference call held on October 21, 2010, as follows:  For the full year 2011, the Company estimates (i) diluted earnings per share between $1.55 and $1.70, based on an assumed comparable sales range of between positive 1% and 3%; (ii) the opening of 6 to 9 new restaurants, driving total capital expenditures of between $70 and $ 90 million; and (iii) continuation of share repurchases of the Company’s common stock of up to $100 million in value.  The presentation will be webcast and details regarding participation in that webcast are contained in the Company’s Form 8-K filed with the SEC on January 4, 2011.

Forward Looking Statements:  This Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements regarding the Company’s future financial performance.  These 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, including risks and uncertainties detailed from time to time in our filings with the Securities and Exchange Commission (SEC), as set forth below.  Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statem ents.  Forward-looking statements speak only as of the dates on which they are made and 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 latest Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K as filed with the SEC and which are available at www.sec.gov.

ITEM 9.01     FINANCIAL STATEMENTS AND EXHIBITS

(d)	Exhibits
	99.1	Press release dated January 11, 2011 entitled, “The Cheesecake Factory Announces Preliminary Results for Fourth Quarter of Fiscal 2010”

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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:   January 11, 2011	THE CHEESECAKE FACTORY INCORPORATED
	By:	/s/ Debby R. Zurzolo
		Debby R. Zurzolo
		Executive Vice President, General Counsel and Secretary

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EXHIBIT INDEX

Exhibit	Description
99.1	Press release dated January 11, 2011 entitled, “The Cheesecake Factory Announces Preliminary Results for Fourth Quarter of Fiscal 2010”

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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 ANNOUNCES

PRELIMINARY SALES RESULTS FOR FOURTH QUARTER OF FISCAL 2010

Calabasas Hills, CA — January 11, 2011— In advance of its presentation today at the Cowen and Company 9th Annual Consumer Conference, The Cheesecake Factory Incorporated (NASDAQ: CAKE) announced preliminary, unaudited revenues and comparable restaurant sales for the fourth quarter of fiscal 2010, which ended on December 28, 2010.

Total unaudited revenues were approximately $417 million in the fourth quarter of fiscal 2010 as compared to $401 million in the prior year fourth quarter.

Comparable restaurant sales at The Cheesecake Factory and Grand Lux Cafe increased 0.9% in the fourth quarter of fiscal 2010 from the fourth quarter of the prior year.  Comparable restaurant sales were adversely impacted primarily by inclement weather, as well as a holiday shift.  Absent these factors, comparable restaurants sales increased 2.1% in the fourth quarter of fiscal 2010 from the same period a year ago.

By concept, comparable restaurant sales increased 1.0% at The Cheesecake Factory and decreased 0.4% at Grand Lux Cafe in the fourth quarter of fiscal 2010 from the fourth quarter of the previous year.

“We delivered our fourth consecutive quarter of growing guest traffic and positive comparable sales, and ended 2010 with a full year comparable sales increase of 2.0%.  Our consistently strong performance throughout the year reflects our building market share and solid strategic and operational execution,” said David Overton, Chairman and CEO.  “As we begin the New Year, we remain comfortable with our expectations for 2011, the planned expansion of our brands and our ability to continue to grow shareholder value in 2011 and beyond.”

The Company expects to announce final results for the fourth quarter of fiscal 2010 on February 10, 2011.

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 163 full-service, casual dining

The Cheesecake Factory Incorporated

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

restaurants throughout the U.S., including 149 restaurants under The Cheesecake Factory® mark; 13 restaurants under the Grand Lux Cafe® mark; and one restaurant under the RockSugar Pan Asian Kitchen® mark. The Company also operates two bakery production facilities in Calabasas Hills, CA and Rocky Mount, NC that produce over 70 varieties of quality cheesecakes and other baked products. For more information, please visit www.thecheesecakefactory.com.

Safe Harbor Statement

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  These 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, in particular, the Company’s confidence in its ability to deliver financial performance consistent with the guidance it has provided and open new restaurants that meet its financial targets, as well as uncertainties related to national and regional economic conditions beyond the Company’s control; the Company’s ability to remain relevant to consumers; the Company’s ability to retain the savings realized through its cost management initiatives; the Compan y’s ability to continue to improve its operating margins; factors outside of the Company’s control that impact consumer confidence and spending; current and future macro national and regional economic and credit market conditions; changes in national and regional unemployment rates; the economic health of the Company’s landlords and other tenants in retail centers in which its restaurants are located; the economic health of suppliers, vendors and other third parties providing goods or services to the Company; adverse weather conditions in regions in which the Company’s restaurants are located; factors that are under the control of government agencies, landlords and other third parties; and other risks and uncertainties detailed from time to time in the Company’s filings with the Securities and Exchange Commission (“SEC”), as set forth below.  Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements.  Forward-looking statements speak only as of the dates on which they are made and 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 latest Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K as filed with the SEC, which are available at www.sec.gov.

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