-----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, HbDJzgAWEfaa9JN0QcJf++F9huqB3+dVv0FK2bRbtwJBK+2UlRonYMGzgAtrYv9g /Eae1WWFuVLYIu9IESsCkg== 0001157523-05-001195.txt : 20050208 0001157523-05-001195.hdr.sgml : 20050208 20050208164940 ACCESSION NUMBER: 0001157523-05-001195 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050208 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050208 DATE AS OF CHANGE: 20050208 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: 05584602 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 a4817893.txt CHEESECAKE FACTORY 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 February 8, 2005 Date of Report (Date of earliest event reported) 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) (818) 871-3000 (Registrant's telephone number, including area code) 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): |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14.d-2(b)) |_| 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 On February 8, 2005, The Cheesecake Factory Incorporated issued a press release entitled "The Cheesecake Factory Reports Record Financial Results for the Fourth Quarter of Fiscal 2004", a copy of which is attached as Exhibit 99.1 to this Current Report on Form 8-K. In that press release, the Company uses a non-GAAP financial measure to present net income after adjustment for an unusual and unpredictable event. Specifically, the Company has disclosed net income after excluding the effect of $2.0 million or $0.02 per diluted share from receipt of a property insurance settlement (net of associated legal fees) related to bakery product losses incurred by the Company's central bakery production facility during fiscal 2002. The Cheesecake Factory management believes the presentation of this non-GAAP financial measure provides useful information to investors regarding the Company's results of operations as this non-GAAP financial measure allows investors to better evaluate the Company's ongoing business performance. SECTION 9 - Financial Statements and Exhibits Item 9.01 Financial Statements and Exhibits (c) Exhibits 99.1 Press Release dated February 8, 2005 entitled "The Cheesecake Factory Reports Record Financial Results for the Fourth Quarter of Fiscal 2004". 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: February 8, 2005 THE CHEESECAKE FACTORY INCORPORATED By: /s/ MICHAEL J. DIXON ----------------------------------------- Michael J. Dixon Senior Vice President and Chief Financial Officer 3 EXHIBIT INDEX Exhibit Description - --------------------- ------------------------------------------------------- 99.1 Press Release dated February 8, 2005 entitled "The Cheesecake Factory Reports Record Financial Results for the Fourth Quarter of Fiscal 2004." 4 EX-99.1 2 a4817893ex99.txt EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 The Cheesecake Factory Reports Record Financial Results for the Fourth Quarter of Fiscal 2004 CALABASAS HILLS, Calif.--(BUSINESS WIRE)--Feb. 8, 2005--The Cheesecake Factory Incorporated (Nasdaq:CAKE) today reported record financial results for the fourth quarter of fiscal 2004 that ended on December 28, 2004. Highlights for the fourth quarter, compared to the same quarter last year, are as follows: -- Total revenues up 24% to $266.1 million -- Comparable restaurant sales up 3.0% -- Net income up 32% to $20.5 million -- Diluted net income per share up 30% to $0.26 Net income for the quarter benefited $2.0 million or $0.02 per diluted share from receipt of a property insurance settlement (net of associated legal fees) related to bakery product losses incurred by the Company's central bakery production facility during fiscal 2002. Before the benefit of this settlement, net income per diluted share would have been $0.24, composed of the $0.26 per share less the $0.02 per share related to the settlement. "We were very pleased with our record financial results for the fourth quarter," said David Overton, Chairman and CEO. "Sales for our comparable restaurants were up a solid 3.0%, thanks to the sustained popularity of our concepts and great operational execution. We also managed to achieve record net income by leveraging our strong sales to help offset a very challenging cost environment, particularly in those commodities impacted by the hurricanes during the third quarter." For the first five weeks of fiscal 2005, comparable restaurant sales were up approximately 3.9% in spite of the severe weather across much of the country, including the heavy rains in California. The winter storms in the Midwest and Northeast have resulted in approximately 20 lost operating days. "Our positive comparable store sales through January, in the face of some very poor weather in several parts of the country, speaks to the continued strength of our concepts and the geographic diversity of our growing brands," commented Overton. Four new restaurants were opened during the fourth quarter, including a Grand Lux Cafe in Houston, Texas. "We successfully achieved our goal to open 16 new restaurants during fiscal 2004, including two new Grand Lux Cafes, and set a new growth record for our Company on that measure," said Overton. "Initial sales volumes for substantially all of our 2004 openings have continued stronger than initially expected. We are also very proud of our Honolulu location, which opened in December 2003, and set a new Cheesecake Factory record for first-year sales of $18.9 million." During fiscal 2005, the Company's goal is to open as many as 18 new restaurants, including as many as three Grand Lux Cafes. Signed leases or letters of intent are in hand for nearly all potential locations for 2005. "As in prior years, we expect and plan for the majority of our openings to occur in the second half of the year. However, it is difficult for us to predict the timing of our new restaurant openings by quarter, due to the nature of our leased restaurant locations and our highly customized layouts," commented Overton. "We currently plan to open five Cheesecake Factory restaurants during the first quarter of 2005." The Company will provide additional information and updates as to the expected number and timing of restaurant openings during fiscal 2005 on its quarterly investor conference calls. Sales at the Company's Grand Lux Cafe locations continue to build with both the Los Angeles and Chicago locations recording comparable sales increases for the fourth quarter of approximately 10%. "Grand Lux Cafe has already proven to be a huge success with our guests as the three locations open for the full year delivered over $46 million in sales," commented Overton. "We believe that we are well on our way to achieving our return on investment targets and we are very pleased with the initial results from our two newest Grand Lux Cafe locations in Dallas and Houston." Bakery sales to other foodservice operators, retailers and distributors increased 28% to $19.0 million during the fourth quarter, compared to the same quarter last year. Sales to warehouse clubs and sales of The Dream Factory(R) product line continued to be very strong. The Company plans to release its quarterly results and hold investor conference calls for the next three quarters on the following dates: Quarter Ending Release Date and Time Conference Call Date and Time - -------------- -------------------------- ---------------------------- March 29, 2005 April 19, 2005 - 4:15 PM April 19, 2005 - 5:00 PM Eastern Eastern June 28, 2005 July 19, 2005 - 4:15 PM July 19, 2005 - 5:00 PM Eastern Eastern Sept. 27, 2005 Oct. 18, 2005 - 4:15 PM Oct. 18, 2005 - 5:00 PM Eastern Eastern The Cheesecake Factory Incorporated operates 87 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 $16.60. 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 five upscale casual dining restaurants under the Grand Lux Cafe(R) name; 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 bakery sales are subject to a number of risks and uncertainties, including (but not limited to) unforeseen changes 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 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 pending litigation and the potential costs associated with that litigation are subject to a number of risks and uncertainties, including interpretations or clarifications of existing laws made by governmental or judicial bodies. 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. The Cheesecake Factory Incorporated and Subsidiaries Consolidated Financial Statements (unaudited; in thousands, except per share and statistical data) 13 Weeks Ended 13 Weeks Ended Consolidated Statements of December 28, December 30, Operations 2004 2003 - ---------------------------------------------------- ---------------- Revenues: Amounts Percents Amounts Percents ---------------------------------- Restaurant sales $247,081 92.9% $199,626 93.1% Bakery sales to other foodservice operators, retailers and distributors 19,017 7.1% 14,897 6.9% ---------------- ---------------- Total revenues 266,098 100.0% 214,523 100.0% ---------------- ---------------- Costs and expenses: Restaurant cost of sales (1) 62,083 23.3% 48,533 22.6% Bakery cost of sales (2) 9,084 3.4% 6,948 3.2% Labor expenses 80,868 30.4% 64,829 30.2% Other operating expenses 59,525 22.4% 51,005 23.8% General and administrative expenses 10,973 4.2% 8,958 4.2% Depreciation and amortization expenses 9,860 3.7% 7,719 3.6% Preopening costs 3,525 1.3% 4,491 2.1% ---------------- ---------------- Total costs and expenses 235,918 88.7% 192,483 89.7% ---------------- ---------------- Income from operations 30,180 11.3% 22,040 10.3% Interest income, net 827 0.3% 557 0.3% Other income, net 145 0.1% 798 0.3% ---------------- ---------------- Income before income taxes 31,152 11.7% 23,395 10.9% Income tax provision 10,639 4.0% 7,826 3.6% ---------------- ---------------- Net income $20,513 7.7% $15,569 7.3% ================ ================ Basic net income per share (3) $0.26 $0.20 ========= ========= Basic weighted average shares outstanding (3) 77,866 76,314 ========= ========= Diluted net income per share (3) $0.26 $0.20 ========= ========= Diluted weighted average shares outstanding (3) 79,636 78,600 ========= ========= 52 Weeks Ended 52 Weeks Ended Consolidated Statements of December 28, December 30, Operations 2004 2003 - ---------------------------------------------------- ----------------- Revenues: Amounts Percents Amounts Percents ---------------------------------- Restaurant sales $916,375 94.5% $731,273 94.5% Bakery sales to other foodservice operators, retailers and distributors 52,857 5.5% 42,562 5.5% ---------------- ----------------- Total revenues 969,232 100.0% 773,835 100.0% ---------------- ----------------- Costs and expenses: Restaurant cost of sales (1) 230,854 23.8% 175,654 22.7% Bakery cost of sales (2) 26,222 2.7% 19,716 2.6% Labor expenses 298,387 30.8% 239,386 30.9% Other operating expenses 223,068 23.0% 180,725 23.4% General and administrative expenses 40,639 4.2% 35,817 4.6% Depreciation and amortization expenses 35,338 3.7% 27,960 3.6% Preopening costs 14,461 1.5% 11,859 1.5% ---------------- ----------------- Total costs and expenses 868,969 89.7% 691,117 89.3% ---------------- ----------------- Income from operations 100,263 10.3% 82,718 10.7% Interest income, net 2,726 0.3% 3,466 0.4% Other income, net 966 0.1% 2,944 0.4% ---------------- ----------------- Income before income taxes 103,955 10.7% 89,128 11.5% Income tax provision 36,195 3.7% 31,292 4.0% ---------------- ----------------- Net income $67,760 7.0% $57,836 7.5% ================ ================= Basic net income per share (3) $0.87 $0.77 ========= ========= Basic weighted average shares outstanding (3) 77,613 75,633 ========= ========= Diluted net income per share (3) $0.85 $0.74 ========= ========= Diluted weighted average shares outstanding (3) 79,395 77,772 ========= ========= Notes: - ------ (1) Consists of restaurant food, beverage and dessert costs. (2) Consists of bakery ingredient, packaging and supply costs. (3) Reflects a 3-for-2 stock split effective December 8, 2004. Selected Consolidated Balance Sheet Information December December 28, 30, 2004 2003 - ------------------------------------------------ -------- -------- Cash and cash equivalents $14,041 $15,167 Investments and marketable securities 137,471 121,840 Total assets 713,253 584,808 Total liabilities 168,001 126,906 Stockholders' equity 545,252 457,902 13 Weeks 13 Weeks 52 Weeks 52 Weeks Ended Ended Ended Ended Supplemental Information December December December December 28, 30, 28, 30, 2004 2003 2004 2003 - ------------------------------------------- -------- -------- -------- Comparable restaurant sales % change 3.0% 2.5% 3.9% 0.7% Restaurant cost of sales % of restaurant sales 25.1% 24.3% 25.2% 24.0% Bakery cost of sales % of bakery sales 47.8% 46.6% 49.6% 46.3% Restaurants opened during period 4 7 16 14 Restaurants open at period-end 93 77 93 77 Restaurant operating weeks 1,185 961 4,314 3,531 CONTACT: The Cheesecake Factory Incorporated Jane Vallaire, 818-871-3000 -----END PRIVACY-ENHANCED MESSAGE-----