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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
February 8, 2005
Date of Report (Date of earliest event reported)
THE CHEESECAKE FACTORY INCORPORATED
(Exact Name of Registrant as Specified in its Charter)
Delaware 0-20574 51-0340466
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
26950 Agoura Road
Calabasas Hills, California 91301
(Address of principal executive offices)
(818) 871-3000
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
|_| Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14.d-2(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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SECTION 2 - Financial Information
Item 2.02 Results of Operations and Financial Condition
On February 8, 2005, The Cheesecake Factory Incorporated issued a press
release entitled "The Cheesecake Factory Reports Record Financial Results for
the Fourth Quarter of Fiscal 2004", a copy of which is attached as Exhibit 99.1
to this Current Report on Form 8-K. In that press release, the Company uses a
non-GAAP financial measure to present net income after adjustment for an unusual
and unpredictable event. Specifically, the Company has disclosed net income
after excluding the effect of $2.0 million or $0.02 per diluted share from
receipt of a property insurance settlement (net of associated legal fees)
related to bakery product losses incurred by the Company's central bakery
production facility during fiscal 2002. The Cheesecake Factory management
believes the presentation of this non-GAAP financial measure provides useful
information to investors regarding the Company's results of operations as this
non-GAAP financial measure allows investors to better evaluate the Company's
ongoing business performance.
SECTION 9 - Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits
(c) Exhibits
99.1 Press Release dated February 8, 2005 entitled "The Cheesecake Factory
Reports Record Financial Results for the Fourth Quarter of Fiscal
2004".
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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: February 8, 2005 THE CHEESECAKE FACTORY INCORPORATED
By: /s/ MICHAEL J. DIXON
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Michael J. Dixon
Senior Vice President and Chief Financial
Officer
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EXHIBIT INDEX
Exhibit Description
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99.1 Press Release dated February 8, 2005 entitled "The
Cheesecake Factory Reports Record Financial Results for
the Fourth Quarter of Fiscal 2004."
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