-----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, H7sv7MwuLdxJrq5Vf/wqCOLLKdYMXXgdNCNoUJ7jD1n42y+ESAAdfXtdz+xlEeBM Kkwp/5xdXytqw9A6lINNJg== 0001157523-04-000682.txt : 20040128 0001157523-04-000682.hdr.sgml : 20040128 20040128144804 ACCESSION NUMBER: 0001157523-04-000682 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040128 ITEM INFORMATION: Other events FILED AS OF DATE: 20040128 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: 04548895 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 a4560104.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 28, 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 28, 2004, The Cheesecake Factory Incorporated issued a press release entitled "The Cheesecake Factory Opens in Birmingham, Alabama." A copy of the press release is attached as Exhibit 99.1. 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 28, 2004 THE CHEESECAKE FACTORY INCORPORATED By: /s/ GERALD W. DEITCHLE ---------------------------- Gerald W. Deitchle President EXHIBIT INDEX Exhibit Description - --------------------- ------------------------------------------------------- 99.1 Press Release dated January 28, 2004 entitled "The Cheesecake Factory Opens in Birmingham, Alabama." EX-99 3 a4560104_ex991.txt CHEESECAKE FACTORY EXHIBIT 99.1 Exhibit 99.1 The Cheesecake Factory Opens in Birmingham, Alabama CALABASAS HILLS, Calif.--(BUSINESS WIRE)--Jan. 28, 2004--The Cheesecake Factory Incorporated (Nasdaq:CAKE) announces the opening of its 74th Cheesecake Factory(R) restaurant in Birmingham, Alabama on January 27, 2004. The uniquely designed freestanding restaurant is located at The Summit and contains approximately 10,000 interior square feet and 285 seats. "We are delighted to bring The Cheesecake Factory to Birmingham, and our opening night sales were excellent," said David Overton, Chairman and CEO. "Our Birmingham restaurant represents the first of as many as 16 new restaurants that we currently expect to open during 2004." The Cheesecake Factory Incorporated operates 74 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. In particular, forward-looking statements regarding the Company's restaurant sales trends are subject to risks and uncertainties due to national and regional economic and public safety conditions that impact consumer confidence and spending, as well as weather and other factors outside of the Company's control. Forward-looking statements regarding the number and timing of the Company's planned new restaurant openings, and the amount and timing of their associated preopening costs, are subject to risks and uncertainties due to factors outside of the Company's control, including factors that are under the control of government agencies, landlords and others. 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-----