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):

November 30, 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 7 — REGULATION FD

ITEM 7.01  REGULATION FD DISCLOSURE

In a press release dated November 30, 2006, The Cheesecake Factory Incorporated provided clarification on the Company’s guidance for its fourth quarter of fiscal 2006, which will end on January 2, 2007.

The Company expects total revenues in the range of $351 million to $354 million and diluted net income per share in the range of $0.22 to $0.24.

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 November 30, 2006 entitled, “The Cheesecake Factory Provides Clarification on Guidance for Fourth 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:   November 30, 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 November 30, 2006 entitled, “The Cheesecake Factory Provides Clarification on Guidance for Fourth Quarter of Fiscal 2006”

 

 

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