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 16, 2007

THE CHEESECAKE FACTORY INCORPORATED

(Exact Name of Registrant as Specified in its Charter)

Delaware

 

0-20574

 

51-0340466

(State or other jurisdiction

 

(Commission File Number)

 

(IRS Employer Identification No.)

of incorporation)

 

 

 

 

 

26901 Malibu Hills Road

Calabasas Hills, California 91301

(Address of principal executive offices) (Zip Code)

 

Registrant’s telephone number, including area code:

(818) 871-3000

 

Not Applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14.d-2(b))

o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 




SECTION 5 – CORPORATE GOVERNANCE AND MANAGEMENT

ITEM 5.02               DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS

On January 16, 2007, The Cheesecake Factory Incorporated (the “Company”) announced that Peter D’Amelio, President and Chief Operating Officer of the Company’s restaurant division, is leaving the Company for personal family reasons, effective February 2, 2007.  The Company has an executive search underway for Mr. D’Amelio’s replacement.

SECTION 8 – OTHER EVENTS

ITEM 8.01               OTHER EVENTS

The Company also announced that it will release fourth quarter fiscal 2006 financial results after the market close on Tuesday, February 6, 2007.  The Company will hold a conference call the same day, hosted by David Overton, Chairman and CEO, and Michael Dixon, Senior Vice President and CFO, at 2:00 p.m. Pacific Time, which will be broadcast live over the Internet.

To listen to the conference call, interested parties should go to the Company’s website at thecheesecakefactory.com at least 15 minutes prior to the call to register and download any necessary audio software.  Click on the “Investors” link on the home page, and select the links for “Financial Information” and “Webcasts.”  An archive of the webcast will be available shortly after the call and continue through March 5, 2007.

The full text of this press release is attached as Exhibit 99.1 to this report and is hereby incorporated by reference herein.

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SECTION 9 – FINANCIAL STATEMENTS AND EXHIBITS

ITEM 9.01               FINANCIAL STATEMENTS AND EXHIBITS

(d)

Exhibits

 

 

 

99.1

Press release dated January 16, 2007 entitled, “The Cheesecake Factory Announces Management Update; Company to Webcast Fourth Quarter Fiscal 2006 Earnings Conference Call on February 6, 2007”

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date:

January 16, 2007

THE CHEESECAKE FACTORY INCORPORATED

 

 

 

 

 

 

 

By:

  /s/ MICHAEL J. DIXON

 

 

  Michael J. Dixon

 

 

  Senior Vice President and Chief Financial Officer

 

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EXHIBIT INDEX

Exhibit

 

Description

99.1

 

Press release dated January 16, 2007 entitled, “The Cheesecake Factory Announces Management Update; Company to Webcast Fourth Quarter Fiscal 2006 Earnings Conference Call on February 6, 2007”

 

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