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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
October 19, 2004
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))
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SECTION 2 - Financial Information
Item 2.02 Results of Operations and Financial Condition
On October 19, 2004, The Cheesecake Factory Incorporated issued a press
release entitled "The Cheesecake Factory Reports Record Revenues for the Fiscal
Quarter Ended September 28, 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 a $4.5 million legal reserve established for
pending litigation. 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 October 19, 2004 entitled "The Cheesecake Factory
Reports Record Revenues for the Fiscal Quarter Ended September 28,
2004".
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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: October 19, 2004 THE CHEESECAKE FACTORY INCORPORATED
By: /s/ MICHAEL J. DIXON
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Michael J. Dixon
Senior Vice President and Chief Financial Officer
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EXHIBIT INDEX
Exhibit Description
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99.1 Press Release dated October 19, 2004 entitled "The
Cheesecake Factory Reports Record Revenues for the
Fiscal Quarter Ended September 28, 2004."
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