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 12, 2010

 

THE CHEESECAKE FACTORY INCORPORATED

(Exact Name of Registrant as Specified in its Charter)

 

 

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 2 — FINANCIAL INFORMATION

 

ITEM 2.02        RESULTS OF OPERATIONS AND FINANCIAL CONDITION

 

The following information is intended to be furnished under Item 2.02 of Form 8-K, “Results of Operations and Financial Condition.” This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date of this report, regardless of any general incorporation language in the filing.

 

In a press release dated January 12, 2010, The Cheesecake Factory Incorporated (the “Company”) announced preliminary, unaudited revenues and comparable restaurant sales results for the Company’s fourth quarter of fiscal 2009, which ended on December 29, 2009.  The full text of the press release is furnished herewith as Exhibit 99.1 to this report.

 

SECTION 9 — FINANCIAL STATEMENTS AND EXHIBITS

 

ITEM 9.01     FINANCIAL STATEMENTS AND EXHIBITS

 

(d)   Exhibits

 

99.1                           Press release dated January 12, 2010 entitled, “The Cheesecake Factory Announces Preliminary Results for Fourth Quarter of Fiscal 2009”

 

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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 12, 2010	THE CHEESECAKE FACTORY INCORPORATED
	By:	/s/ Debby R. Zurzolo
		Debby R. Zurzolo
		Executive Vice President, General Counsel and Secretary

 

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EXHIBIT INDEX

 

Exhibit		Description
99.1		Press release dated January 12, 2010 entitled, “The Cheesecake Factory Announces Preliminary Results for Fourth Quarter of Fiscal 2009”

 

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