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 21, 2003 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) Registrant's telephone number, including area code: (818) 871-3000 Not Applicable (Former name or former address, if changed since last report) ITEM 7. Financial Statements and Exhibits. (c) Exhibits. Exhibit 99.1. Press Release dated October 21, 2003 titled "The Cheesecake Factory Reports Record Financial Results for the Fiscal Quarter Ended September 30, 2003." ITEM 9. Regulation FD Disclosure. In accordance with SEC Release No. 33-8216, the following information, intended to be furnished under "Item 12. Results of Operations and Financial Condition," is instead furnished under this "Item 9. Regulation FD Disclosure." On October 21, 2003, The Cheesecake Factory Incorporated issued a press release announcing financial results for the fiscal second quarter ended September 30, 2003. A copy of the press release is attached as Exhibit 99.1. 2 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: October 21, 2003 THE CHEESECAKE FACTORY INCORPORATED By: /s/ GERALD W. DEITCHLE ------------------------------------------ Gerald W. Deitchle President and Chief Financial Officer (Principal Financial Officer) 3 EXHIBIT INDEX Exhibit Description --------------------- ------------------------------------------------------- 99.1 Press Release dated October 21, 2003 titled "The Cheesecake Factory Reports Record Financial Results for the Fiscal Quarter Ended September 30, 2003." 4