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, 2006

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 8 – OTHER EVENTS

ITEM 8.01  OTHER EVENTS

In a press release dated October 23, 2006, The Cheesecake Factory Incorporated announced that it is postponing the release of financial results for the third quarter of fiscal 2006, which was originally scheduled for October 24, 2006, until the Audit Committee of its Board of Directors, together with special outside legal counsel, have completed their review of the Company’s historical stock option granting practices with the Company’s independent registered public accounting firm.

Subject to completion of the above-mentioned review, the Company currently intends to file its quarterly report on Form 10-Q with the Securities and Exchange Commission for the third quarter of fiscal 2006, as well as the second quarter of fiscal 2006, by the November 13, 2006 deadline for its third quarter report.

The full text of the 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 October 23, 2006 entitled, “The Cheesecake Factory Provides Update on Release of Financial Results for Third Quarter of Fiscal 2006”

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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:     October 23, 2006

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 October 23, 2006 entitled, “The Cheesecake Factory Provides Update on Release of Financial Results for Third Quarter of Fiscal 2006”

 

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