-----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, D43EULMWzZmLEqC+x4Jo9umu+lARcuJtsVuDRpDP2gz0EW97wxQViYSFDxjBDIH6 MPZQr/Clm+Oz9SRytBvBjQ== 0001179110-03-004707.txt : 20030801 0001179110-03-004707.hdr.sgml : 20030801 20030801170757 ACCESSION NUMBER: 0001179110-03-004707 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030801 FILED AS OF DATE: 20030801 ISSUER: 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 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BERRY MICHAEL P CENTRAL INDEX KEY: 0001135712 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-20574 FILM NUMBER: 03818693 BUSINESS ADDRESS: STREET 1: 122 FIFTH AVE. CITY: NEW YORK STATE: NY ZIP: 10011 BUSINESS PHONE: 2126333338 MAIL ADDRESS: STREET 1: 122 FIFTH AVE CITY: NEW YORK STATE: NY ZIP: 10011 4 1 edgar.xml FORM 4 - X0201 4 2003-08-01 0 0000887596 CHEESECAKE FACTORY INCORPORATED CAKE 0001135712 BERRY MICHAEL P 26950 AGOURA ROAD CALABASAS HILLS CA 91301 0 1 0 0 Pres. & COO (Subsidiary) Non-Qualified Stock Option (Right to Buy) 32.69 2003-07-30 4 A 0 40000 32.69 A 2004-07-30 2013-07-30 Common 40000 40000 D Non-Qualified Stock Option (Right to Buy) 36.75 2002-11-23 2012-06-14 Common Stock 10000 10000 D Non-Qualified Stock Option (Right to Buy) 36.75 2003-06-14 2012-06-14 Common Stock 200000 200000 D Non-qulified stock options are exercisable 20% pear year commencing on the first anniversary (7/30/2004) of the date of grant. Non-qualified stock options are exercisable 20% per year commencing on the first anniversary (6/14/2003) of the date of grant. Jane Vallaire, Attorney-in-Fact 2003-08-01 EX-24 3 exhibit24.txt POWER OF ATTORNEY POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of Debby Zurzolo and Jane Vallaire, signing singly, the undersigned's true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of The Cheesecake Factory Incorporated (the 'Company'), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder. (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 and 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do it personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in- fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, and of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transaction in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 10th day of September, 2002. /s/ MICHAEL P. BERRY Signature Michael P. Berry Print Name -----END PRIVACY-ENHANCED MESSAGE-----