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):
April 1, 2005
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) (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):
|_| 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))
SECTION 3 - SECURITIES AND TRADING MARKETS
ITEM 3.01 NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR
STANDARD; TRANSFER OF LISTING
(a) On April 1, 2005, The Cheesecake Factory Incorporated received notice
from the Nasdaq Stock Market that the Company is not in compliance
with Nasdaq Marketplace Rule 4310(c)(14) due a filing delinquency of
its Annual Report on Form 10-K with the Securities and Exchange
Commission. For further details regarding this notice, please refer to
the Company's press release dated April 4, 2004 which is included in
this Current Report on Form 8-K as an exhibit under Section 9, Item
9.01 (c).
The Company is filing its Annual Report on Form 10-K with the
Securities and Exchange Commission on April 4, 2005.
SECTION 9 - FINANCIAL STATEMENTS AND EXHIBITS
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits
99.1 Press release dated April 4, 2005 entitled "The Cheesecake
Factory Receives Notice of Potential Delisting from Nasdaq
Due to Late Filing of Form 10-K; Company to File Form 10-K
on April 4, 2005".
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: April 4, 2005 THE CHEESECAKE FACTORY INCORPORATED
By: /s/ MICHAEL J. DIXON
--------------------------------
Michael J. Dixon
Senior Vice President and
Chief Financial Officer
EXHIBIT INDEX
Exhibit Description
--------------------- --------------------------------------------------------
99.1 Press Release dated April 4, 2005 entitled "The
Cheesecake Factory Receives Notice of Potential
Delisting from Nasdaq Due to Late Filing of Form 10-K;
Company to File Form 10-K on April 4, 2005".