CAKE / The Cheesecake Factory Incorporated - Документы SEC, Годовой отчет, Доверенное заявление

As filed with the Securities and Exchange Commission on August 4, 2025

As filed with the Securities and Exchange Commission on August 4, 2025 Registration No.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended July 1, 2025 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exa

Filing Fee Table

Calculation of Filing Fee Tables S-8 CHEESECAKE FACTORY INC Table 1: Newly Registered Securities Security Type Security Class Title Fee Calculation Rule Amount Registered Proposed Maximum Offering Price Per Unit Maximum Aggregate Offering Price Fee Rate Amount of Registration Fee 1 Equity Common stock, $0.

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 Date of Report (Date of earliest event reported): July 23, 2025 THE CHEESECAKE FACT

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 Date of Report (Date of earliest event reported): July 23, 2025 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

INVESTOR PRESENTATION July 29, 2025 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as

Exhibit 99.2 INVESTOR PRESENTATION July 29, 2025 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with res

THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2025

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2025 CALABASAS HILLS, Calif. – July 29, 2025 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2025, which ended on July 1, 2025. To

The Cheesecake Factory Incorporated Stock Incentive Plan as amended by the Second Amendment

Exhibit 10.1 THE CHEESECAKE FACTORY INCORPORATED STOCK INCENTIVE PLAN (as Amended by the Second Amendment dated March 26, 2025) SECTION 1.      INTRODUCTION. ALL CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE DEFINED ARE DEFINED IN SECTION 2 BELOW. The Board of Directors of the Company, as constituted from time to time (“Board”) adopted The Cheesecake Factory Incorporated Stock Incentive Plan (th

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 Date of Report (Date of earliest event reported): May 22, 2025 THE CHEESECAKE FACTO

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 Date of Report (Date of earliest event reported): May 22, 2025 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended April 1, 2025 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Ex

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2025

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2025 CALABASAS HILLS, Calif. – April 30, 2025 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the first quarter of fiscal 2025, which ended on April 1, 2025. To

INVESTOR PRESENTATION April 30, 2025 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as

Exhibit 99.2 INVESTOR PRESENTATION April 30, 2025 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with re

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): April 24, 2025 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.  )

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.  ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 1

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ¨ Defin

Indenture, dated as of February 28, 2025, between The Cheesecake Factory Incorporated and U.S. Bank Trust Company, National Association, as trustee

Exhibit 4.1 EXECUTION VERSION The Cheesecake Factory Incorporated and U.S. Bank Trust Company, National Association as Trustee ───────────────────── INDENTURE Dated as of February 28, 2025 ───────────────────── 2.00% Convertible Senior Notes due 2030 TABLE OF CONTENTS Page Article 1.    Definitions; Rules of Construction 1 Section 1.01. Definitions 1 Section 1.02. Other Definitions 13 Section 1.03

The Cheesecake Factory Incorporated Prices Upsized $500.0 Million Convertible Senior Notes Offering

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] The Cheesecake Factory Incorporated Prices Upsized $500.0 Million Convertible Senior Notes Offering CALABASAS HILLS, Calif. – February 25, 2025 – The Cheesecake Factory Incorporated (the “Cheesecake Factory”) (NASDAQ: CAKE) today announced the pricing of its offering o

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Other Events

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 Date of Report (Date of earliest event reported): February 25, 2025 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

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 Date of Report (Date of earliest event reported): February 24, 2025 THE CHEESECAKE

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 Date of Report (Date of earliest event reported): February 24, 2025 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

The Cheesecake Factory Incorporated Announces Proposed Convertible Senior Notes Offering

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] The Cheesecake Factory Incorporated Announces Proposed Convertible Senior Notes Offering CALABASAS HILLS, Calif. – February 24, 2025 – The Cheesecake Factory Incorporated (the “Cheesecake Factory”) (NASDAQ: CAKE) today announced its intention to offer, subject to market and other co

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exact n

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement under The Cheesecake Factory Incorporated Stock Incentive Plan

Exhibit 10.15.5 Standard 2024 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (“Company”), pursuant to the Stock Incentive Plan, effective M

The Registrant’s Special Trading Policy and Procedures

Exhibit 19.1 SPECIAL TRADING POLICY AND PROCEDURES Amended and Restated 2/20/2025 Policy Statement Regarding Insider Trading The Cheesecake Factory Incorporated (“Company”) has adopted this Special Trading Policy and Procedures (“Policy”) to reduce the risk to the Company and to our directors, officers and employees of securities law violations. This Policy applies, in its entirety, to our Board o

List of Subsidiaries

EXHIBIT 21.1 LIST OF SUBSIDIARIES The Cheesecake Factory Restaurants, Inc., a California corporation Fox Restaurant Concepts LLC, an Arizona limited liability company North Restaurants LLC, an Arizona limited liability company

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement for Executive Officers under The Cheesecake Factory Incorporated Stock Incentive Plan

Exhibit 10.15.4 Executive Officer-2024 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option Grant and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (“Company”), pursuant to the Stock Incentive Pl

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): February 13, 2025 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2024

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2024 CALABASAS HILLS, Calif. – February 19, 2025 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the fourth quarter of fiscal 2024, which ended on December 31, 2024. Total r

SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limi

Exhibit 99.2 INVESTOR PRESENTATION February 19, 2025 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended October 1, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): October 23, 2024 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limi

Exhibit 99.2 INVESTOR PRESENTATION October 29, 2024 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with

THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2024

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2024 CALABASAS HILLS, Calif. – October 29, 2024 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the third quarter of fiscal 2024, which ended on October 1, 2024

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended July 2, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exa

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): July 25, 2024 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limi

Exhibit 99.2 INVESTOR PRESENTATION July 31, 2024 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with res

THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2024

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2024 CALABASAS HILLS, Calif. – JULY 31, 2024 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2024, which ended on July 2, 2024. To

Restated Certificate of Incorporation of The Cheesecake Factory Incorporated

  Exhibit 3.1   RESTATED CERTIFICATE OF INCORPORATION OF THE CHEESECAKE FACTORY INCORPORATED (Pursuant to Sections 242 and 245 of the General Corporation Law of the State of Delaware)   THE CHEESECAKE FACTORY INCORPORATED, a corporation organized and existing under the Delaware General Corporation Law (the “Corporation”), DOES HEREBY CERTIFY:   1.            The name of the Corporation is The Chee

Current Report

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 Date of Report (Date of earliest event reported): May 30, 2024 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2024

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2024 CALABASAS HILLS, Calif. – May 8, 2024 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the first quarter of fiscal 2024, which ended on April 2, 2024. Total revenues were

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended April 2, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Ex

INVESTOR PRESENTATION May 8, 2024 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as am

Exhibit 99.2 INVESTOR PRESENTATION May 8, 2024 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with respe

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 Date of Report (Date of earliest event reported): May 7, 2024 THE CHEESECAKE FACTOR

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 Date of Report (Date of earliest event reported): May 7, 2024 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Employ

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ¨ Defin

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.   )

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.   ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.   )

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.   ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule

Current Report

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 Date of Report (Date of earliest event reported): March 7, 2024 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

List of Subsidiaries

EXHIBIT 21.1 LIST OF SUBSIDIARIES The Cheesecake Factory Restaurants, Inc., a California corporation Fox Restaurant Concepts LLC, an Arizona limited liability company North Restaurants LLC, an Arizona limited liability company

The Registrant’s Policy for Recover of Erroneously Awarded Compensation

Exhibit 97.1 AMENDED AND RESTATED POLICY ON REIMBURSEMENT OF INCENTIVE PAYMENTS AND EQUITY AWARDS OF THE CHEESECAKE FACTORY INCORPORATED The Board of Directors (the “Board”) of The Cheesecake Factory Incorporated (the “Company”) has adopted this Amended and Restated Policy on Reimbursement of Incentive Payments and Equity Awards of The Cheesecake Factory Incorporated (the “Policy”), effective as o

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended January 2, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exact nam

SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limi

Exhibit 99.2 INVESTOR PRESENTATION February 21, 2024 SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2023

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2023 CALABASAS HILLS, Calif. – February 21, 2024 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the fourth quarter of fiscal 2023, which ended on January 2, 2

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): February 15, 2024 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

CAKE / The Cheesecake Factory Incorporated / BAMCO INC /NY/ - NONE Passive Investment

SC 13G/A 1 doc1.htm NONE UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 01)* The Cheesecake Factory Incorporated (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) Calendar Year 2023 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to de

CAKE / The Cheesecake Factory Incorporated / KAYNE ANDERSON RUDNICK INVESTMENT MANAGEMENT LLC Passive Investment

SC 13G/A 1 fp0086862-13sc13ga.htm UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(b), (c), AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(b) (AMENDMENT NO. 6)* CHEESECAKE FACTORY INC (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31

CAKE / The Cheesecake Factory Incorporated / VANGUARD GROUP INC - SCHEDULE 13G/A Passive Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 13)* Name of issuer: Cheesecake Factory Inc/The Title of Class of Securities: Common Stock CUSIP Number: 163072101 Date of Event Which Requires Filing of this Statement: December 29, 2023 Check the appropriate box to designate the rule pursuant to which this Schedule is

CAKE / The Cheesecake Factory Incorporated / OVERTON DAVID - SC 13G/A Passive Investment

SC 13G/A 1 tm245016d1sc13ga.htm SC 13G/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 24)* The Cheesecake Factory Incorporated (Name of Issuer) Common stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2023 (Date of Event Which Requires Filing of this Statemen

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended October 3, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (

Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limi

Exhibit 99.2 Investor Presentation November 1, 2023 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): October 26, 2023 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2023 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2023 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif. – November 1, 2023 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the third quarter of fiscal 2023, which ended on

Amended and Restated Employment Agreement, effective as of April 5, 2023, between The Cheesecake Factory Incorporated and David M. Overton*

Exhibit 10.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “ Agreement ”) is entered into and effective as of April 5, 2023 (“ Effective Date ”), between THE CHEESECAKE FACTORY INCORPORATED (the “ Company ”) and DAVID M. OVERTON (the “ Executive ”). Effective as of the Effective Date, this Agreement amends and restates in its entirety that certain Em

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended July 4, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exa

Investor Presentation August 2, 2023 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as

Exhibit 99.2 Investor Presentation August 2, 2023 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with re

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 Date of Report (Date of earliest event reported): July 27, 2023 THE CHEESECAKE FACT

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 Date of Report (Date of earliest event reported): July 27, 2023 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2023 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2023 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif. – August 2, 2023 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2023, w

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 Date of Report (Date of earliest event reported): June 1, 2023 THE CHEESECAKE FACTO

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 Date of Report (Date of earliest event reported): June 1, 2023 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ¨ Defin

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended April 4, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Ex

Investor Presentation May 10, 2023 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as a

Exhibit 99.2 Investor Presentation May 10, 2023 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with resp

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2023 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2023 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – May 10, 2023 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the first quarter of fiscal 2023, whic

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): May 10, 2023 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.   )

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.   ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ¨ Defin

Current Report

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 Date of Report (Date of earliest event reported): April 5, 2023 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

List of Subsidiaries

EXHIBIT 21.1 LIST OF SUBSIDIARIES The Cheesecake Factory Restaurants, Inc., a California corporation Fox Restaurant Concepts LLC, an Arizona limited liability company North Restaurants LLC, an Arizona limited liability company

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended January 3, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exact nam

Investor Presentation February 22, 2023

Exhibit 99.2 Investor Presentation February 22, 2023 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with

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 Date of Report (Date of earliest event reported): February 16, 2023 THE CHEESECAKE

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 Date of Report (Date of earliest event reported): February 16, 2023 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – February 22, 2023 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the fourth quarter of fiscal 202

CAKE / Cheesecake Factory Incorporated (THE) / KAYNE ANDERSON RUDNICK INVESTMENT MANAGEMENT LLC - NONE Passive Investment

SC 13G/A 1 doc1.htm NONE UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 5)* CHEESECAKE FACTORY INC (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2022 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rul

CAKE / Cheesecake Factory Incorporated (THE) / BAMCO INC /NY/ - NONE Passive Investment

Schedule 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. n/a )* The Cheesecake Factory Incorporated (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) Calendar Year 2022 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate th

CAKE / Cheesecake Factory Incorporated (THE) / OVERTON DAVID - SC 13G/A Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 23)* The Cheesecake Factory Incorporated (Name of Issuer) Common stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2022 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate

CAKE / Cheesecake Factory Incorporated (THE) / VANGUARD GROUP INC - SCHEDULE 13G/A Passive Investment

SC 13G/A 1 tv0564-cheesecakefactoryinc.htm SCHEDULE 13G/A SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 12)* Name of issuer: Cheesecake Factory Inc. Title of Class of Securities: Common Stock CUSIP Number: 163072101 Date of Event Which Requires Filing of this Statement: December 30, 2022 Check the appropriate box to

Current Report

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 Date of Report (Date of earliest event reported): December 19, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

THE CHEESECAKE FACTORY ANNOUNCES CHANGES TO BOARD OF DIRECTORS

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY ANNOUNCES CHANGES TO BOARD OF DIRECTORS CALABASAS HILLS, Calif., ? December 23, 2022 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced changes to the Company?s Board of Directors with the appointment of Adam S. Gordon as an independent direc

Fourth Amended and Restated Loan Agreement, with JPMorgan Chase Bank, National Association dated as of October 6, 2022

Exhibit 10.1 ? ? FOURTH AMENDED AND RESTATED LOAN AGREEMENT dated as of October 6, 2022 among THE CHEESECAKE FACTORY INCORPORATED, The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent, BANK OF AMERICA, N.A., and WELLS FARGO BANK, NATIONAL ASSOCIATION as Co-Syndication Agents and BANK OF THE WEST, as Documentation Agent JPMORGAN CHASE BANK, N.A., as Sole Bookrunner and So

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents ? ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Bylaws of The Cheesecake Factory Incorporated, amended and restated on October 26, 2022

Exhibit 3.3 ? BYLAWS OF THE CHEESECAKE FACTORY INCORPORATED Amended and Restated on October 26, 2022 ARTICLE I. OFFICES Section 1.1Registered Office. The registered office of The Cheesecake Factory Incorporated (the ?Corporation?) is in the City of Wilmington, County of New Castle, State of Delaware. Section 1.2Other Offices. The Corporation may also have offices at such other places, both within

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): October 26, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

Bylaws of The Cheesecake Factory Incorporated, amended and restated on October 26, 2022

Exhibit 3.1 BYLAWS OF THE CHEESECAKE FACTORY INCORPORATED Amended and Restated on May 20 October 26, 2009 2022 Article I. OFFICES Section 1.1 Registered Office. The registered office of The Cheesecake Factory Incorporated (the ?Corporation?) is in the City of Wilmington, County of New Castle, State of Delaware. Section 1.2 Other Offices. The Corporation may also have offices at such other places,

THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., ? November 1, 2022 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the third quarter of fiscal 2022, which ended on

Safe Harbor Statement 2 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, witho

Exhibit 99.2 Investor Presentation November 1, 2022 Safe Harbor Statement 2 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended .. This includes, without limitation, financial guidance and projections, including 2022 underlying assumptions, and sta

Entry into a Material Definitive Agreement

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 Date of Report (Date of earliest event reported): October 6, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Em

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents ? ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., ? July 27, 2022 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2022, w

Investor Presentation July 27, 2022 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as

Exhibit 99.2 Investor Presentation July 27, 2022 Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including 2022 underlying assumptions, and statements wit

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): July 21, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

Current Report

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 Date of Report (Date of earliest event reported): May 18, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

The Cheesecake Factory Incorporated Stock Incentive Plan, as amended March 24, 2022*

Exhibit 10.1 THE CHEESECAKE FACTORY INCORPORATED STOCK INCENTIVE PLAN (as Amended by the First Amendment dated March 24, 2022) SECTION 1. INTRODUCTION. ALL CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE DEFINED ARE DEFINED IN SECTION 2 BELOW. The Board of Directors of the Company, as constituted from time to time (?Board?) adopted The Cheesecake Factory Incorporated Stock Incentive Plan (the ?Pla

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE First quarter Consolidated Revenues up 27% to $793.7 million Company reinstates quarterly cash dividend and share repurchase program

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE First quarter Consolidated Revenues up 27% to $793.7 million Company reinstates quarterly cash dividend and share repurchase program CALABASAS HILLS, Calif., ? April 27

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): April 21, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

Investor Presentation April 27, 2022

Exhibit 99.2 Investor Presentation April 27, 2022 Safe Harbor Statement 2 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, without limitation, financial guidance and projections, including 2022 underlying assumptions, and statem

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.  )

DEF 14A 1 tm223397-1def14a.htm DEF 14A TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.  ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the

Your Vote Counts! THE CHEESECAKE FACTORY INCORPORATED 2022 Annual Meeting Vote by May 18, 2022 11 :59 PM ET You invested in THE CHEESECAKE FACTORY INCORPORATED and it's time to vote! You have the right to vote on proposals being presented at the Annu

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant o Check the appropriate box: o Preliminary Proxy Statement o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) o Defin

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

Table of Contents ? ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Form of Notice of Grant and Restricted Share Agreement for MEP I under The Cheesecake Factory Incorporated Stock Incentive Plan*

Exhibit 10.15.5 MEP I Form 2021 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (?Company?), pursuant to the Stock Incentive Plan, effective May 30, 2019 (as amended from time to time, the ?

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement for Executive Officers under The Cheesecake Factory Incorporated Stock Incentive Plan*

Exhibit 10.15.3 Executive Officer-2021 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option Grant and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (?Company?), pursuant to the Stock Incentive Pl

List of Subsidiaries

EXHIBIT 21.1 ? LIST OF SUBSIDIARIES ? The Cheesecake Factory Restaurants, Inc., a California corporation Fox Restaurant Concepts LLC, an Arizona limited liability company North Restaurants LLC, an Arizona limited liability company

Third Amendment to Membership Interest Purchase Agreement, dated as of January 7, 2022, by and among The Cheesecake Factory Restaurants, Inc., Fox Restaurant Concepts LLC, and SWF Posse LLC, as Seller’s representative#†

? Exhibit 2.7 ? [***] Certain confidential information contained in this document, marked by brackets, has been excluded because it is both not material and is the type that the registrant treats as private or confidential. ? THIRD AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT THIS THIRD AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT (this ?Amendment? and, together with the Original Agr

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement under The Cheesecake Factory Incorporated Stock Incentive Plan*

Exhibit 10.15.4 Standard 2021 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (?Company?), pursuant to the Stock Incentive Plan, effective M

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): February 16, 2022 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

Investor Presentation February 16, 2022 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includ

Exhibit 99.2 Investor Presentation February 16, 2022 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections and statements with respect to expectations of the Company?s future financial

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Fourth quarter Consolidated Revenues Up 40% to a Record $776.7 Million

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Fourth quarter Consolidated Revenues Up 40% to a Record $776.7 Million CALABASAS HILLS, Calif., ? February 16, 2022 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE

CAKE / Cheesecake Factory Incorporated (THE) / KAYNE ANDERSON RUDNICK INVESTMENT MANAGEMENT LLC - NONE Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 4)* CHEESECAKE FACTORY INC (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2021 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this

CAKE / Cheesecake Factory Incorporated (THE) / VANGUARD GROUP INC - SCHEDULE 13G/A Passive Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 11)* Name of issuer: Cheesecake Factory Inc. Title of Class of Securities: Common Stock CUSIP Number: 163072101 Date of Event Which Requires Filing of this Statement: December 31, 2021 Check the appropriate box to designate the rule pursuant to which this Schedule is fil

CAKE / Cheesecake Factory Incorporated (THE) / OVERTON DAVID - SC 13G/A Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 22)* The Cheesecake Factory Incorporated (Name of Issuer) Common stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2021 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Fourth quarter-to-date through November 2nd comparable sales at The Cheesecake Factory restaurants increased 10.5% over 2019 levels

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Etienne Marcus (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Fourth quarter-to-date through November 2nd comparable sales at The Cheesecake Factory restaurants increased 10.5% over 2019 levels CALABASAS HILLS, Calif., ? November

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): November 3, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

Investor Presentation November 3, 2021 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This include

Exhibit 99.2 Investor Presentation November 3, 2021 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections and statements with respect to expectations of the Company?s future financial c

Second Amendment to Membership Interest Purchase Agreement, dated as of June 1, 2021, by and among The Cheesecake Factory Restaurants, Inc., Fox Restaurant Concepts LLC, and SWF Posse LLC, as Seller’s representative#†

EX-2.1 2 cake-20210629xex2d1.htm EX-2.1 Exhibit 2.1 Execution Version [***] Certain confidential information contained in this document, marked by brackets, has been excluded because it is both not material and is the type that the registrant treats as private or confidential. SECOND AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT THIS SECOND AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Investor Presentation July 27, 2021

Exhibit 99.3 Investor Presentation July 27, 2021 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, without limitation, financial guidance and projections and statements with respect to expectations of the Company?s future financi

THE CHEESECAKE FACTORY REPORTS RECORD REVENUES IN THE SECOND QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Generated $109 million in cash flow from operations Third quarter-to-date through July 26th comparable sales at The Cheesecake Factory re

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RECORD REVENUES IN THE SECOND QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Generated $109 million in cash flow from operations Third quarter-to-date through July 26th comparable sales at The Cheesecake Factory restaurants increased 10%

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): July 22, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

THE CHEESECAKE FACTORY APPOINTS KHANH COLLINS TO BOARD OF DIRECTORS

Exhibit 99.2 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY APPOINTS KHANH COLLINS TO BOARD OF DIRECTORS Calabasas Hills, Calif., ? July 26, 2021 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced the expansion of its Board of Directors from nine to 10 members and appointed Khanh ?Connie? Co

CAKE / Cheesecake Factory Incorporated (THE) / VANGUARD GROUP INC - SCHEDULE 13G/A Passive Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 10)* Name of issuer: Cheesecake Factory Inc. Title of Class of Securities: Common Stock CUSIP Number: 163072101 Date of Event Which Requires Filing of this Statement: June 30, 2021 Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

THE CHEESECAKE FACTORY PROVIDES RECAPITALIZATION UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY PROVIDES RECAPITALIZATION UPDATE Calabasas Hills, Calif., ? June 28, 2021 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today provided a recapitalization update following the completion of its recent offerings of $345 million of 0.375% convert

Regulation FD Disclosure

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 Date of Report (Date of earliest event reported): June 28, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

THE CHEESECAKE FACTORY TO WEBCAST SECOND QUARTER FISCAL 2021 EARNINGS CONFERENCE CALL ON JULY 27, 2021

Exhibit 99.2 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST SECOND QUARTER FISCAL 2021 EARNINGS CONFERENCE CALL ON JULY 27, 2021 Calabasas Hills, Calif., ? June 29, 2021 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release second quarter fiscal 2021 financial results

Repurchase Agreement, dated as of June 10, 2021 among The Cheesecake Factory Incorporated and RC Cake 1 LLC, RC Cake 2 LLC and RC Cake 3 LLC

Exhibit 10.1 Repurchase Agreement June 10, 2021 The Cheesecake Factory Incorporated 26901 Malibu Hills Road Calabasas Hills, California Ladies and Gentlemen: 1. Agreement to Repurchase. Subject to the terms of this Repurchase Agreement, each undersigned investor (each, an ?Investor? and, collectively, the ?Investors?) agrees to sell to The Cheesecake Factory Incorporated, a Delaware corporation (t

Underwriting Agreement, dated as of June 10, 2021, between The Cheesecake Factory Incorporated and the representative underwriters named therein, related to the issuance and sale of common stock

Exhibit 1.1 Execution Version The Cheesecake Factory Incorporated 3,125,000 Shares of Common Stock Underwriting Agreement June 10, 2021 J.P. Morgan Securities LLC ??As Representative of the ??several Underwriters listed ??in Schedule 1 hereto c/o J.P. Morgan Securities LLC 383 Madison Avenue New York, New York 10179 Ladies and Gentlemen: The Cheesecake Factory Incorporated, a Delaware corporation

Indenture, dated as of June 15, 2021, between The Cheesecake Factory Incorporated and U.S. Bank National Association, as trustee

Exhibit 4.1 THE CHEESECAKE FACTORY INCORPORATED INDENTURE Dated as of June 15, 2021 U.S. BANK NATIONAL ASSOCIATION Trustee TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS AND INCORPORATION BY REFERENCE 1 Section 1.1. Definitions 1 Section 1.2. Other Definitions 4 Section 1.3. Incorporation by Reference of Trust Indenture Act 4 Section 1.4. Rules of Construction 5 ARTICLE II. THE SECURITIES 5 Section

First Supplemental Indenture, dated as of June 15, 2021, between The Cheesecake Factory Incorporated and U.S. Bank National Association, as trustee

Exhibit 4.2 EXECUTION VERSION THE CHEESECAKE FACTORY INCORPORATED and U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of June 15, 2021 0.375% Convertible Senior Notes due 2026 CROSS REFERENCE TABLE* Trust Indenture Act Indenture Section Section 310(a)(1) N/A (a)(2) N/A (a)(3) N/A (a)(4) N/A (a)(5) N/A (b) N/A (c) N/A 311(a) N/A (b) N/A (c) N/A 312(a) 2.08 (b) N/A (c

Underwriting Agreement, dated as of June 10, 2021, between The Cheesecake Factory Incorporated and the representative of the underwriters named therein, relating to the issuance and sale of 0.375% Convertible Senior Notes due 2026.

Exhibit 1.2 Execution Version The Cheesecake Factory Incorporated 0.375% Convertible Senior Notes due 2026 Underwriting Agreement June 10, 2021 J.P. Morgan Securities LLC ??As Representative of the ??several Underwriters listed ??in Schedule 1 hereto c/o J.P. Morgan Securities LLC 383 Madison Avenue New York, New York 10179 Ladies and Gentlemen: The Cheesecake Factory Incorporated, a Delaware corp

Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

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 Date of Report (Date of earliest event reported): June 10, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

Conversion Agreement, dated as of June 10, 2021 among The Cheesecake Factory Incorporated and RC Cake Holdings LLC

Exhibit 10.2 Conversion Agreement June 10, 2021 The Cheesecake Factory Incorporated 26901 Malibu Hills Road Calabasas Hills, California Ladies and Gentlemen: 1.???????????????????Agreement to Convert. Subject to the terms of this Conversion Agreement, the undersigned investor (the ?Investor?) agrees to convert (the ?Conversion?) 50,000 shares (the ?Converted Preferred Stock?) of Preferred Stock of

JOINT FILING AGREEMENT

EXHIBIT 1 JOINT FILING AGREEMENT In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, each of the persons named below agrees to the joint filing of a Statement on Schedule 13D (including amendments thereto) with respect to the common stock, par value $0.

Conversion Agreement

EXHIBIT 3 Conversion Agreement June 10, 2021 The Cheesecake Factory Incorporated 26901 Malibu Hills Road Calabasas Hills, California Ladies and Gentlemen: 1.

Repurchase Agreement

EXHIBIT 2 Repurchase Agreement June 10, 2021 The Cheesecake Factory Incorporated 26901 Malibu Hills Road Calabasas Hills, California Ladies and Gentlemen: 1.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1)*

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1)* The Cheesecake Factory Incorporated (Name of Issuer) Common Stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) Paul D. Ginsberg 1180 Peachtree Street NE, Suite 2500 Atlanta, Georgia 30309 (Name, Address and Telephone Number of

Calculation of Registration Fee

TABLE OF CONTENTS Filed Pursuant to Rule 424(b)(5) Registration Statement No. 333-256963? Calculation of Registration Fee ? ? Title of each class of securities to be registered ? ? ? Amount to be registered ? ? ? Proposed maximum offering price per unit ? ? ? Proposed maximum aggregate offering price ? ? ? Amount of registration fee ? 0.375% Convertible Senior Notes due 2026 ? ? ? $345,000,000(1)(

Calculation of Registration Fee

TABLE OF CONTENTS Filed Pursuant to Rule 424(b)(5) Registration Statement No. 333-256963? Calculation of Registration Fee ? ? Title of each class of securities to be registered ? ? ? Amount to be registered ? ? ? Proposed maximum offering price per unit ? ? ? Proposed maximum aggregate offering price ? ? ? Amount of registration fee ? Common stock, $0.01 par value per share ? ? ? ? ? 3,593,750(1)

PRICING TERM SHEET June 10, 2021 The Cheesecake Factory Incorporated Offerings of 3,125,000 Shares of Common Stock $300,000,000 Aggregate Principal Amount of 0.375% Convertible Senior Notes due 2026

Issuer Free Writing Prospectus Filed Pursuant to Rule 433 Registration Statement No.

The Cheesecake Factory Incorporated Prices Offerings of Convertible Senior Notes and Common Stock

Issuer Free Writing Prospectus Filed Pursuant to Rule 433 Registration Statement No.

Form of Specimen Certificate Representing Common Stock.

Exhibit 4.3 THIS CERTIFIES THAT is the owner of CUSIP DATED COUNTERSIGNED AND REGISTERED: COMPUTERSHARE TRUST COMPANY, N.A. TRANSFER AGENT AND REGISTRAR, FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE $.01 PER SHARE, OF The Cheesecake Factory Incorporated transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate pro

Form of Indenture.

Exhibit 4.5 THE CHEESECAKE FACTORY INCORPORATED INDENTURE Dated as of , 20 U.S. BANK NATIONAL ASSOCIATION Trustee TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS AND INCORPORATION BY REFERENCE 1 Section 1.1. Definitions 1 Section 1.2. Other Definitions 4 Section 1.3. Incorporation by Reference of Trust Indenture Act 4 Section 1.4. Rules of Construction 5 ARTICLE II. THE SECURITIES 5 Section 2.1. Iss

Statement of Eligibility on Form T-1 under the Trust Indenture Act of 1939, as amended, of U.S. Bank National Association, as trustee under the indenture filed as Exhibit 4.5 above.

Exhibit 25.1 securities and exchange commission Washington, D.C. 20549 FORM T-1 Statement of Eligibility Under The Trust Indenture Act of 1939 of a Corporation Designated to Act as Trustee Check if an Application to Determine Eligibility of a Trustee Pursuant to Section 305(b)(2) ? U.S. BANK NATIONAL ASSOCIATION (Exact name of Trustee as specified in its charter) 31-0841368 I.R.S. Employer Identif

As filed with the Securities and Exchange Commission on June 10, 2021

TABLE OF CONTENTS As filed with the Securities and Exchange Commission on June 10, 2021 Registration No.

Subject to Completion, dated June 10, 2021

TABLE OF CONTENTS The information in this preliminary prospectus supplement is not complete and may be changed.

The Cheesecake Factory Incorporated Announces Proposed Offerings of Convertible Senior Notes and Common Stock

Issuer Free Writing Prospectus Filed Pursuant to Rule 433 Registration Statement No.

$300,000,000 The Cheesecake Factory Incorporated     % Convertible Senior Notes due 2026

TABLE OF CONTENTS The information in this preliminary prospectus supplement is not complete and may be changed.

THE CHEESECAKE FACTORY TO PRESENT AT UPCOMING VIRTUAL INVESTOR CONFERENCES

Exhibit 99.2 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO PRESENT AT UPCOMING VIRTUAL INVESTOR CONFERENCES Calabasas Hills, Calif., ? May 26, 2021 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced that David Gordon, President, and Matthew Clark, Executive Vice President and Chief Finan

THE CHEESECAKE FACTORY PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY PROVIDES BUSINESS UPDATE Calabasas Hills, Calif., ? June 2, 2021 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today provided a business update in advance of the Company?s participation at two upcoming investor conferences. Fiscal 2021 second

Regulation FD Disclosure

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 Date of Report (Date of earliest event reported): May 26, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement for Executive Officers under The Cheesecake Factory Incorporated Stock Incentive Plan

Exhibit 10.2 ? The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option Grant and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (?Company?), pursuant to the Stock Incentive Plan, effective May 30, 20

Quarterly Report - FORM 10-Q

Table of Contents ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): April 28, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

Investor Presentation April 28, 2021

Exhibit 99.2 Investor Presentation April 28, 2021 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, without limitation, financial guidance and projections and statements with respect to expectations of the Company?s future financ

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Second quarter-to-date through April 27th comparable sales at The Cheesecake Factory restaurants increased over 2019 levels

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FIRST QUARTER OF FISCAL 2021 AND PROVIDES BUSINESS UPDATE Second quarter-to-date through April 27th comparable sales at The Cheesecake Factory restaurants increased over 2019 levels CALABASAS HILLS, Calif., ? April 28, 2021 ? The

- DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant o Check the appropriate box: o Preliminary Proxy Statement o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) o Defin

The information specifically incorporated by reference into our Annual Report on Form 10-K from our Definitive Proxy Statement on Schedule 14A, filed with the SEC on April 15, 2021;

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION? Washington, D.

THE CHEESECAKE FACTORY TO WEBCAST FIRST QUARTER FISCAL 2021 EARNINGS CONFERENCE CALL ON APRIL 28, 2021

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST FIRST QUARTER FISCAL 2021 EARNINGS CONFERENCE CALL ON APRIL 28, 2021 Calabasas Hills, Calif., – March 31, 2021 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release first quarter fiscal 2021 financial results

Second Amendment to the Third Amended and Restated Loan Agreement, dated as of March 30, 2021, among The Cheesecake Factory Incorporated, JPMorgan Chase Bank, N.A., as administrative agent, and the lenders party thereto

Exhibit 10.1 EXECUTION VERSION SECOND AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AGREEMENT THIS SECOND AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AGREEMENT, dated as of March 30, 2021 (this ?Amendment?), is among THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the ?Borrower?), the lenders party hereto (the ?Lenders?) and JPMORGAN CHASE BANK, N.A., as administrative agent (in such

Entry into a Material Definitive Agreement

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 Date of Report (Date of earliest event reported): March 30, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

- PRE 14A

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION? Washington, D.

Regulation FD Disclosure

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 Date of Report (Date of earliest event reported): February 24, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

List of Subsidiaries

EXHIBIT 21.1 LIST OF SUBSIDIARIES The Cheesecake Factory Restaurants, Inc., a California corporation Fox Restaurant Concepts LLC, an Arizona limited liability company North Restaurants LLC, an Arizona limited liability company

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement for Executive Officers under The Cheesecake Factory Incorporated Stock Incentive Plan*

EX-10.15.3 2 cake-20201229xex10d15d3.htm EXHIBIT 10.15.3 Exhibit 10.15.3 Executive Officer-2021 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option Grant and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware co

Annual Report - FORM 10-K

Table of Contents ? ? ? UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Form of Notice of Grant and Stock Option Agreement and/or Restricted Share Agreement under The Cheesecake Factory Incorporated Stock Incentive Plan*

Exhibit 10.15.4 ? Standard 2021 ? The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND STOCK OPTION AGREEMENT AND/OR RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Stock Option and/or Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (?Company?), pursuant to the Stock Incentive Plan, effecti

THE CHEESECAKE FACTORY TO PRESENT AT THE RAYMOND JAMES 42ND ANNUAL INSTITUTIONAL INVESTORS CONFERENCE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO PRESENT AT THE RAYMOND JAMES 42ND ANNUAL INSTITUTIONAL INVESTORS CONFERENCE Calabasas Hills, Calif., ? February 24, 2021 ? The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced that it will present at the Raymond James 42nd Annual Ins

Form of Notice of Grant and Restricted Share Agreement for MEP I under The Cheesecake Factory Incorporated Stock Incentive Plan*

? Exhibit 10.15.5 MEP I Form 2021 The Cheesecake Factory Incorporated Stock Incentive Plan, effective May 30, 2019 NOTICE OF GRANT AND RESTRICTED SHARE AGREEMENT Notice is hereby given of the following Award of Restricted Shares of The Cheesecake Factory Incorporated, a Delaware corporation (?Company?), pursuant to the Stock Incentive Plan, effective May 30, 2019 (as amended from time to time, the

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2020 AND PROVIDES BUSINESS UPDATE

EX-99.1 2 tm216807d1ex99-1.htm EXHIBIT 99.1 Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2020 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – February 17, 2021 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial resu

Investor Presentation February 17, 2021

Exhibit 99.2 Investor Presentation February 17, 2021 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, without limitation, financial guidance and projections and statements with respect to expectations of the Company?s future fin

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): February 10, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* Cheesecake Factory Inc. (Name of Issuer) Common Shares (Title of Class of Securities) (CUSIP Number) Dec

SC 13G/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* Cheesecake Factory Inc. (Name of Issuer) Common Shares (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2020 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 03)* CHEESECAKE FACTORY INC (Name of Issuer) Common Stock (Title of Class of Securities) (CUSIP Number) Dece

Schedule 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 03)* CHEESECAKE FACTORY INC (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2020 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 9)*

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 9)* Name of issuer: Cheesecake Factory Inc. Title of Class of Securities: Common Stock CUSIP Number: 163072101 Date of Event Which Requires Filing of this Statement: December 31, 2020 Check the appropriate box to designate the rule pursuant to which this Schedule is file

SCHEDULE 13G

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 2 )* The Cheesecake Factory Incorporated (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2020 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 21)* The Cheesecake Factory Incorporated (Name of Issuer) Common stock, $0.01 par value (Title of Class of

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 21)* The Cheesecake Factory Incorporated (Name of Issuer) Common stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2020 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate

- FORM-8K

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 Date of Report (Date of earliest event reported): January 19, 2021 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

THE CHEESECAKE FACTORY TO WEBCAST FOURTH QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON FEBRUARY 17, 2021

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST FOURTH QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON FEBRUARY 17, 2021 Calabasas Hills, Calif., – January 19, 2021 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release fourth quarter fiscal 2020 financial

- FORM 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 Date of Report (Date of earliest event reported): December 4, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

Quarterly Report - 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 29, 2020 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATE

THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2020 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR THIRD QUARTER OF FISCAL 2020 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – October 29, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the third quarter of fiscal 2020, whic

Investor Presentation October 29, 2020

Exhibit 99.2 Investor Presentation October 29, 2020 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, without limitation, financial guidance and projections and statements with respect to expectations of the Company’s future fina

Regulation FD Disclosure, Results of Operations and Financial Condition - FORM 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 Date of Report (Date of earliest event reported): October 29, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

THE CHEESECAKE FACTORY TO WEBCAST THIRD QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON OCTOBER 29, 2020

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST THIRD QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON OCTOBER 29, 2020 Calabasas Hills, Calif., – October 8, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release third quarter fiscal 2020 financial resu

- FORM 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 Date of Report (Date of earliest event reported): October 8, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Em

2015 Amended and Restated Performance Incentive Plan (Amended and Restated on September 2, 2020)*

Exhibit 10.1 THE CHEESECAKE FACTORY INCORPORATED 2015 AMENDED AND RESTATED ANNUAL PERFORMANCE INCENTIVE PLAN AS AMENDED AND RESTATED SEPTEMBER 2, 2020 TABLE OF CONTENTS Page(s) I. STATEMENT OF PURPOSE 1 II. DEFINITIONS 1 2.1 Award 1 2.2 Base Salary 1 2.3 Board 1 2.4 Code 1 2.5 Committee 1 2.6 Company 1 2.7 Disability 2 2.8 Employee 2 2.9 Fiscal Year 2 2.10 Participant 2 2.11 Performance Achievemen

Financial Statements and Exhibits - FORM 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 Date of Report (Date of earliest event reported): September 2, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

Current Report

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 Date of Report (Date of earliest event reported): August 26, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Em

Quarterly Report - 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2020 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Ex

The Cheesecake Factory Investor Presentation dated July 29, 2020

Exhibit 99.2 Investor Presentation July 29, 2020 Safe Harbor Statement This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections and statements with respect to expectations of our future fi

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): July 29, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2020 AND PROVIDES BUSINESS UPDATE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR SECOND QUARTER OF FISCAL 2020 AND PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – July 29, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2020, which

THE CHEESECAKE FACTORY TO WEBCAST SECOND QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON JULY 29, 2020

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST SECOND QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON JULY 29, 2020 Calabasas Hills, Calif., – July 15, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release second quarter fiscal 2020 financial results

Current Report

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 Date of Report (Date of earliest event reported): July 15, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

Form of Notice of Grant and Stock Unit Grant Agreement for Directors under The Cheesecake Factory Incorporated Stock Incentive Plan*

EXHIBIT 10.1 The Cheesecake Factory Incorporated Stock Incentive Plan NOTICE OF GRANT AND STOCK UNIT GRANT AGREEMENT Notice is hereby given of the following Award of Stock Units of The Cheesecake Factory Incorporated, a Delaware corporation (“Company”), pursuant to the Stock Incentive Plan (“Plan”). In consideration of the promises and of the mutual agreements contained in this Notice of Grant and

Indemnification Agreement, dates as of April 20, 2020, between The Cheesecake Factory Incorporated and Paul D. Ginsberg*

EXHIBIT 10.2 Execution Version INDEMNIFICATION AGREEMENT This Indemnification Agreement, dated as of April 20, 2020, is made by and between The Cheesecake Factory Incorporated, a Delaware corporation and Paul D. Ginsberg, an individual. RECITALS The Corporation has previously entered into indemnification agreements with its directors and certain officers; The Board of Directors has reviewed the fo

Quarterly Report - 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2020 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 0-20574 THE CHEESECAKE FACTORY INCORPORATED (E

- S-3ASR

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents As filed with the Securities and Exchange Commission on June 22, 2020 Registration No.

Annual Report - 10-K/A

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2019 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 0-20574 THE CHEESECAKE FACTORY I

THE CHEESECAKE FACTORY PROVIDES BUSINESS UPDATE

Exhibit 99.1 FOR IMMEDIATE RELEASE THE CHEESECAKE FACTORY PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – June 2, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today provided a business update given the ongoing COVID-19 pandemic. The Company began to reopen dining rooms across its concepts the second week of May. As of today, approximately 25% of the Company’s restaurants across it

Regulation FD Disclosure

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 Date of Report (Date of earliest event reported): May 27, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

Regulation FD Disclosure

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 Date of Report (Date of earliest event reported): May 13, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emplo

Investor Presentation May 13, 2020

Exhibit 99.1 Investor Presentation May 13, 2020 This presentation contains forward - looking statements within the meaning of Section 27 A of the Securities Act of 1933 , as amended, and Section 21 E of the Securities Exchange Act of 1934 , as amended . This includes, without limitation, financial guidance and projections and statements with respect to expectations of our future financial conditio

May 6, 2020

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A (Rule 14a-101) Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6

THE CHEESECAKE FACTORY REPORTS PRELIMINARY RESULTS FOR FIRST QUARTER OF FISCAL 2020

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS PRELIMINARY RESULTS FOR FIRST QUARTER OF FISCAL 2020 CALABASAS HILLS, Calif., – May 5, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported preliminary financial results for the first quarter of fiscal 2020, which ended on

First Amendment, dated as of May 1, 2020, to the Third Amended and Restated Loan Agreement, dated as of July 30, 2019, between The Cheesecake Factory Incorporated, JPMorgan Chase Bank, N.A., as administrative agent, and the lenders from time to time part thereto

Exhibit 10.1 EXECUTION VERSION FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AGREEMENT THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AGREEMENT, dated as of May 1, 2020 (this “Amendment”), is among THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Borrower”), the lenders party hereto (the “Lenders”) and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capac

Entry into a Material Definitive Agreement, Results of Operations and Financial Condition, Other Events

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 Date of Report (Date of earliest event reported): May 1, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Employ

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Material Modification to Rights of Security Holders, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No. 1) CURRENT REPORT Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 20, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction

Joint Filing Agreement

EXHIBIT 1 JOINT FILING AGREEMENT In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, each of the persons named below agrees to the joint filing of a Statement on Schedule 13D (including amendments thereto) with respect to the common stock, par value $0.

CAKE / Cheesecake Factory Incorporated (THE) / RC Cake Holdings LLC - SCHEDULE 13D Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. )* The Cheesecake Factory Incorporated (Name of Issuer) Common Stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) Paul D. Ginsberg 1180 Peachtree Street NE, Suite 2500 Atlanta, Georgia 30309 (Name, Address and Telephone Number of

Current Report

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 Date of Report (Date of earliest event reported): April 22, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

THE CHEESECAKE FACTORY TO WEBCAST FIRST QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON MAY 5, 2020

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST FIRST QUARTER FISCAL 2020 EARNINGS CONFERENCE CALL ON MAY 5, 2020 Calabasas Hills, Calif., – April 22, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release first quarter fiscal 2020 financial results af

THE CHEESECAKE FACTORY ANNOUNCES $200 MILLION STRATEGIC INVESTMENT FROM ROARK CAPITAL

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY ANNOUNCES $200 MILLION STRATEGIC INVESTMENT FROM ROARK CAPITAL CALABASAS HILLS, Calif., – April 20, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced that it has closed on a $200 million convertible preferred investment from a

Acknowledgement and Support Agreement, dated April 20, 2020, by and between David Overton and RC Cake Holdings LLC

Exhibit 10.3 Execution Version acknowledgment and support agreement April 20, 2020 RC Cake Holdings LLC 1180 Peachtree Street, N.E. Atlanta, Georgia 30309-3521 Reference is made to that certain Subscription Agreement, dated as of April 20, 2020 (the “Subscription Agreement”), between RC Cake Holdings LLC, a Delaware limited liability company (“Purchaser”), and The Cheesecake Factory Incorporated,

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Entry into a Material Definitive Agreement, Material Modification to Rights of Security Holders, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

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 Date of Report (Date of earliest event reported): April 20, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

Certificate of Designations of The Cheesecake Factory Incorporated, dated April 20, 2020

Exhibit 3.1 Execution Version The Cheesecake Factory Incorporated Certificate of Designations Series A Convertible Preferred Stock April 20, 2020 Table of Contents Page Section 1. Definitions 1 Section 2. Rules of Construction 13 Section 3. The Convertible Preferred Stock 13 (a) Designation; Par Value 13 (b) Number of Authorized Shares 13 (c) Form, Dating and Denominations 14 (d) Method of Payment

Registration Rights Agreement, dated April 20, 2020, by and between The Cheesecake Factory Incorporated and RC Cake Holdings LLC

Exhibit 10.2 Execution Version REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN THE CHEESECAKE FACTORY INCORPORATED AND RC CAKE HOLDINGS LLC Dated as of April 20, 2020 TABLE OF CONTENTS Page Article I Resale Shelf Registration 1 Section 1.1 Resale Shelf Registration Statement 1 Section 1.2 Effectiveness Period 1 Section 1.3 Subsequent Shelf Registration 2 Section 1.4 Supplements and Amendments 2 Secti

Subscription Agreement, dated April 20, 2020, by and between The Cheesecake Factory Incorporated and RC Cake Holdings LLC

Exhibit 10.1 Execution Version SUBSCRIPTION AGREEMENT BY AND BETWEEN THE CHEESECAKE FACTORY INCORPORATED AND RC CAKE HOLDINGS LLC Dated as of April 20, 2020 TABLE OF CONTENTS Page Article I PURCHASE AND SALE OF PURCHASED SHARES 1 Section 1.1 Purchase and Sale 1 Section 1.2 Closing 1 Section 1.3 Commitment Fee 2 Article II REPRESENTATIONS AND WARRANTIES OF THE COMPANY 2 Section 2.1 Organization and

Proxy Statement for our 2020 Annual Meeting of Stockholders filed on April 16, 2020

TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.  ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 1

CAKE / Cheesecake Factory Incorporated (THE) DEFA14A - - DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant o Check the appropriate box: o Preliminary Proxy Statement o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) o Defin

THE CHEESECAKE FACTORY PROVIDES PRELIMINARY FIRST QUARTER FISCAL 2020 SALES UPDATE

EX-99.1 2 tm2014913d1ex99-1.htm EXHIBIT 99.1 Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY PROVIDES PRELIMINARY FIRST QUARTER FISCAL 2020 SALES UPDATE CALABASAS HILLS, Calif., – April 2, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today provided a preliminary first quarter fiscal 2020 sales upda

Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): April 2, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Empl

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

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 Date of Report (Date of earliest event reported): March 25, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

THE CHEESECAKE FACTORY PROVIDES BUSINESS UPDATE

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY PROVIDES BUSINESS UPDATE CALABASAS HILLS, Calif., – March 23, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today provided a business update related to the impact of COVID-19. All of the Company’s restaurants have transitioned to an off-premise operati

Current Report

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 Date of Report (Date of earliest event reported): March 23, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS Emp

List of Subsidiaries

EX-21.1 3 ex-21d1.htm EX-21.1 EXHIBIT 21.1 LIST OF SUBSIDIARIES The Cheesecake Factory Restaurants, Inc., a California corporation Fox Restaurant Concepts LLC, an Arizona limited liability company North Restaurants LLC, an Arizona limited liability company

Description of The Cheesecake Factory Incorporated’s Securities Registered Pursuant to Section 12 of the Securities Exchange Act

Exhibit 4.1 DESCRIPTION OF THE REGISTRANT’S SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 The following description of the common stock of The Cheesecake Factory Incorporated (“The Cheesecake Factory,” “we,” “us” and “our”) is based on our Restated Certificate of Incorporation (our “Certificate of Incorporation”) and our Amended and Restated Bylaws (our “Bylaw

Annual Report - 10-K

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2019 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 0-20574 THE CHEESECAKE FACTORY INCORPORATED (Exact n

CAKE / Cheesecake Factory Incorporated (THE) NT 10-K - - NT 10-K

OMB APPROVAL UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING OMB Number: 3235-0058 Expires: February 28, 2022 Estimated average burden hours per response . . . . . . 2.50 SEC FILE NUMBER 000-20574 CUSIP NUMBER 163072 (Check one): x Form 10-K o Form 20-F o Form 11-K o Form 10-Q o Form 10-D o Form N-CEN o Form N-CSR For Period Ended: De

Regulation FD Disclosure

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 Date of Report (Date of earliest event reported): February 25, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

THE CHEESECAKE FACTORY TO PRESENT AT THE RAYMOND JAMES 41st ANNUAL INSTITUTIONAL INVESTORS CONFERENCE

Exhibit 99.1 PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO PRESENT AT THE RAYMOND JAMES 41st ANNUAL INSTITUTIONAL INVESTORS CONFERENCE Calabasas Hills, Calif., – February 25, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced that it will present at the Raymond James 41st Annual Ins

Investor Presentation February 2020

Exhibit 99.3 Investor Presentation February 2020 Safe Harbor Statement This presentation contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, as codified in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, f inancial guidance and pr

THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2019

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY REPORTS RESULTS FOR FOURTH QUARTER OF FISCAL 2019 CALABASAS HILLS, Calif., – February 19, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the fourth quarter of fiscal 2019, which ended on December 31, 2019. Total reve

Regulation FD Disclosure, Results of Operations and Financial Condition

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 Date of Report (Date of earliest event reported): February 18, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS

THE CHEESECAKE FACTORY APPOINTS JANICE MEYER TO BOARD OF DIRECTORS

Exhibit 99.2 FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY APPOINTS JANICE MEYER TO BOARD OF DIRECTORS CALABASAS HILLS, Calif., – February 19, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced the expansion of its Board of Directors from seven to eight members and appointed Janice L. Meyer to the C

CAKE / Cheesecake Factory Incorporated (THE) / KAYNE ANDERSON RUDNICK INVESTMENT MANAGEMENT LLC - NONE Passive Investment

Schedule 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 02)* CHEESECAKE FACTORY INC (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2019 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant

CAKE / Cheesecake Factory Incorporated (THE) / MACQUARIE GROUP LTD - SC 13G Passive Investment

SC 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 0)* Cheesecake Factory Inc. (Name of Issuer) Common Shares (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2019 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to wh

CAKE / Cheesecake Factory Incorporated (THE) / VANGUARD GROUP INC - SCHEDULE 13G/A Passive Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 8)* Name of issuer: Cheesecake Factory Inc/The Title of Class of Securities: Common Stock CUSIP Number: 163072101 Date of Event Which Requires Filing of this Statement: December 31, 2019 Check the appropriate box to designate the rule pursuant to which this Schedule is f

CAKE / Cheesecake Factory Incorporated (THE) / OVERTON DAVID - SC 13G/A Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G/A Under the Securities Exchange Act of 1934 (Amendment No. 20)* The Cheesecake Factory Incorporated (Name of Issuer) Common stock, $0.01 par value (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2019 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate

Current Report

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 Date of Report (Date of earliest event reported): January 22, 2020 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission (IRS E

THE CHEESECAKE FACTORY TO WEBCAST FOURTH QUARTER FISCAL 2019 EARNINGS CONFERENCE CALL ON FEBRUARY 19, 2020

Exhibit 99.1 FOR IMMEDIATE RELEASE Contact: Stacy Feit (818) 871-3000 [email protected] THE CHEESECAKE FACTORY TO WEBCAST FOURTH QUARTER FISCAL 2019 EARNINGS CONFERENCE CALL ON FEBRUARY 19, 2020 Calabasas Hills, Calif., – January 22, 2020 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced it will release fourth quarter fiscal 2019 financial results after

CAKE / Cheesecake Factory Incorporated (THE) / Wellington Management Group LLP - SEC SCHEDULE 13G Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1 )* The Cheesecake Factory Incorporated (Name of Issuer) Common Stock (Title of Class of Securities) 163072101 (CUSIP Number) December 31, 2019 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant

Current Report

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No. 1) CURRENT REPORT Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 1, 2019 THE CHEESECAKE FACTORY INCORPORATED (Exact name of registrant as specified in its charter) Delaware 0-20574 51-0340466 (State or other jurisdiction

UNAUDITED PRO FORMA CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

EXHIBIT 99.3 UNAUDITED PRO FORMA CONDENSED CONSOLIDATED FINANCIAL STATEMENTS On October 2, 2019 (the “Closing Date” or “Closing”), the Company completed its acquisition of North Italia and the remaining FRC business (the “Acquisition”). The Acquisition was completed for consideration consisting of the following components: $286 million in cash at Closing, which was primarily funded by drawing on t

FOX RESTAURANT CONCEPTS, LLC THIRTY-NINE WEEKS ENDED OCTOBER 1, 2019 AND OCTOBER 2, 2018

Exhibit 99.2 FOX RESTAURANT CONCEPTS, LLC THIRTY-NINE WEEKS ENDED OCTOBER 1, 2019 AND OCTOBER 2, 2018 THIRTY-NINE WEEKS ENDED OCTOBER 1, 2019 AND OCTOBER 2, 2018 CONTENTS Page Notes to consolidated financial statements7 - 23 Independent Accountants' Review Report Members and Management Fox Restaurant Concepts, LLC Phoenix, AZ We have reviewed the accompanying consolidated financial statements of F