-----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, DV9Na2yFyFrOSbSAeuo3T2ARYu1aJvLZblYd+2j8/bc8tKJsCPM18LurOv2YtLGM /rkz6oqAq9aGHdVLRXOmjw== 0001157523-04-002444.txt : 20040317 0001157523-04-002444.hdr.sgml : 20040317 20040317163032 ACCESSION NUMBER: 0001157523-04-002444 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040317 ITEM INFORMATION: Other events FILED AS OF DATE: 20040317 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: 04675783 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 a4596689.txt THE CHEESECAKE FACTORY INCORPORATED 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): March 17, 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 March 17, 2004, The Cheesecake Factory Incorporated issued a press release entitled "The Cheesecake Factory Announces Management Update." 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: March 17, 2004 THE CHEESECAKE FACTORY INCORPORATED By: /s/ MICHAEL J. DIXON ------------------------------------------------- Michael J. Dixon Senior Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit Description - ----------- ------------------------------------------------------------------- 99.1 Press Release dated March 17, 2004 entitled "The Cheesecake Factory Announces Management Update." EX-99 3 a4596689ex991.txt THE CHEESECAKE FACTORY INCORPORATED EXHIBIT 99.1 Exhibit 99.1 The Cheesecake Factory Announces Management Update CALABASAS HILLS, Calif.--(BUSINESS WIRE)--March 17, 2004--The Cheesecake Factory Incorporated (Nasdaq:CAKE) today announced that Peter D'Amelio has been promoted to President and COO of the Company's restaurant division. Reporting to Chairman and CEO David Overton, D'Amelio will have responsibility for the day-to-day operations of the Company's 79 Cheesecake Factory and Grand Lux Cafe restaurants. He previously served as Senior Vice President of all of the Company's restaurant operations prior to his most recent assignment as President of the Grand Lux Cafe concept. D'Amelio, 42, joined The Cheesecake Factory in 1990 as a restaurant manager and has steadily advanced through the Company's restaurant operations organization. "Peter is an outstanding restaurant operations executive with proven leadership skills who knows how to correctly execute our highly customized and complex restaurants," said Overton. "He is highly respected by everyone in our Company, and I look forward to working closely with him as we execute our growth plan." The Company also announced today that Jerry Deitchle, Corporate President, is leaving The Cheesecake Factory to become President of a privately held casual dining restaurant company. "Jerry has played a significant role in helping us to build a strong infrastructure of corporate and financial systems, people and processes that effectively support the disciplined growth of our restaurant and bakery operations," said Overton. "We thank him for his contributions over the years and wish him the best in his new endeavor." "I feel that I have accomplished the goals that I set for myself when I joined The Cheesecake Factory nine years ago, and it is time for me to accept a new challenge," said Deitchle. "As I depart, the health of The Cheesecake Factory has never been stronger, and the management team has never been deeper. The Cheesecake Factory has a very bright future ahead of it for many years to come, and I wish the Company continued success." "The Cheesecake Factory has strong operating momentum, as evidenced by our approximate 5% increase in comparable restaurant sales so far this quarter," commented Overton, who will re-assume the corporate president's title at the Company. "Our Company has a solid balance sheet and flexible financial position, a talented and experienced management team and an enviable multi-year record of increasing stockholder value. We have strong confidence in our ability to execute our growth plan with continued operational and financial excellence." The Cheesecake Factory Incorporated operates 75 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 $16.00. 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 regarding bakery sales are subject to a number of risks and uncertainties, including (but not limited to) unforeseen change in the purchasing plans of the Company's large-account bakery customers and inherent difficulties in predicting the timing of product orders and shipments. 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-----