-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, CpfFz2xVVAhQtml4/403fetIFkt5a3N1pmu4gUEFuTwHxRfD/GZbHZl4MJOiFazv 9Sc7VlN4bQsyHvJM4vw+Jw== 0001157523-04-000075.txt : 20040107 0001157523-04-000075.hdr.sgml : 20040107 20040107162458 ACCESSION NUMBER: 0001157523-04-000075 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040107 ITEM INFORMATION: Other events FILED AS OF DATE: 20040107 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CHEESECAKE FACTORY INCORPORATED CENTRAL INDEX KEY: 0000887596 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 510340466 STATE OF INCORPORATION: DE FISCAL YEAR END: 1229 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-20574 FILM NUMBER: 04513364 BUSINESS ADDRESS: STREET 1: 26950 AGOURA RD CITY: CALABASAS HILLS STATE: CA ZIP: 91301 BUSINESS PHONE: 8188809323 MAIL ADDRESS: STREET 1: 26950 AGOURA RD STREET 2: 26950 AGOURA RD CITY: CALABASAS HILLS STATE: CA ZIP: 91301 8-K 1 a4544943.txt CHEESECAKE FACTORY 8-K ================================================================================ 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 7, 2004 THE CHEESECAKE FACTORY INCORPORATED (Exact Name of Registrant as Specified in its Charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 26950 Agoura Road Calabasas Hills, California 91301 (Address of principal executive offices) Registrant's telephone number, including area code: (818) 871-3000 Not Applicable (Former name or former address, if changed since last report) ================================================================================ ITEM 5. OTHER EVENTS On January 7, 2004, The Cheesecake Factory Incorporated issued a press release entitled "The Cheesecake Factory Announces Executive Officer Promotions." A copy of the press release is attached as Exhibit 99.1. 2 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 7, 2004 THE CHEESECAKE FACTORY INCORPORATED By: /s/ GERALD W. DEITCHLE ----------------------------------------- Gerald W. Deitchle President 3 EXHIBIT INDEX Exhibit Description - --------------------- ------------------------------------------------------- 99.1 Press Release dated January 7, 2004 entitled "The Cheesecake Factory Announces Executive Officer Promotions." 4 EX-99 3 a4544943ex99.txt EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 The Cheesecake Factory Announces Executive Officer Promotions CALABASAS HILLS, Calif.--(BUSINESS WIRE)--Jan. 7, 2004--The Cheesecake Factory Incorporated (Nasdaq:CAKE) proudly announces the following executive officer promotions. Michael Dixon has been promoted to the position of Senior Vice President, Finance and Chief Financial Officer. Dixon, 41, joined the Company in 2000 as Vice President, Finance and Controller after several years in finance and business development with The Walt Disney Company and nine years with the international accounting firm of Coopers & Lybrand. He is a CPA and holds BS and MS degrees from the University of Michigan. In his expanded role, Dixon will assume full responsibility for all financial, accounting and internal control activities for the Company. As CFO, Dixon succeeds Jerry Deitchle, who will continue his duties as corporate President. "I am very pleased to pass the CFO baton to a financial executive of Mike's caliber," commented Deitchle. "Both David Overton, our Chairman and CEO, and I are confident that Mike will do an excellent job in his expanded role, supported by our talented and experienced financial team, solid balance sheet, state-of-the-art systems and strong financial flexibility." Also promoted was Debby Zurzolo to the position of Executive Vice President, Secretary and General Counsel. Zurzolo, 47, joined the Company in 1999 as Senior Vice President and General Counsel. From 1982 until joining the Company, Zurzolo practiced law at Greenberg Glusker Fields Claman & Machtinger LLP in Los Angeles, California. As a partner with that firm, Zurzolo represented the Company on various real estate matters. She will continue to lead the Company's in-house legal department and manage all of the Company's legal affairs. "Debby has added significant value to our Company as our General Counsel, and we are fortunate to have her on our senior management team," said Overton. The Cheesecake Factory Incorporated operates 73 upscale, casual dining restaurants under The Cheesecake Factory(R) name that offer an extensive menu of more than 200 items with an average check of approximately $15.78. The Company also operates a bakery production facility that produces over 50 varieties of quality cheesecakes and other baked products for the Company's restaurants and for other leading foodservice operators, retailers and distributors. Additionally, the Company operates three upscale casual dining restaurants under the Grand Lux Cafe(R) name in Los Angeles, Chicago and Las Vegas; one self-service, limited menu "express" foodservice operation under The Cheesecake Factory Express(R) mark inside the DisneyQuest(R) family entertainment center in Orlando, Florida; and licenses three bakery cafe outlets to another foodservice operator under The Cheesecake Factory Bakery Cafe(R) name. This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. 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. 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 the securities laws. Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements contained in the Company's filings with the Securities and Exchange Commission. CONTACT: The Cheesecake Factory Incorporated Jane Vallaire, 818-871-3000 -----END PRIVACY-ENHANCED MESSAGE-----