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 4, 2007
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) |
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26901 Malibu Hills Road |
Calabasas Hills, California 91301 |
(Address of principal executive offices) (Zip Code) |
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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 5 – CORPORATE GOVERNANCE AND MANAGEMENT
ITEM 5.02 DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS
On January 4, 2007, the Compensation Committee of the Board of Directors of The Cheesecake Factory Incorporated (the “Company”) granted options to purchase shares of the Company’s common stock and restricted shares under the Company’s Amended and Restated 2001 Omnibus Stock Incentive Plan as follows:
Named Executive Officer |
| Option Shares |
| Restricted Shares |
Max Byfuglin |
| 30,000 Option Shares |
| 10,000 Restricted Shares |
Peter D’Amelio |
| 40,000 Option Shares |
| 13,500 Restricted Shares |
Michael Dixon |
| 25,000 Option Shares |
| 12,500 Restricted Shares |
David Overton |
| 150,000 Option Shares |
| None |
Debby Zurzolo |
| 25,000 Option Shares |
| 12,500 Restricted Shares |
The stock options vest at a rate of 20% per year with the exception of a portion of the stock options granted to Mr. Overton, which vests at a rate of 33 1/3% per year as to 50,000 shares. The restricted shares are subject to a three year cliff vesting schedule. The form of Notice and Agreement of Grant of Stock Option Award and/or Restricted Share Award 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 Form of Notice and Agreement of Grant of Stock Option Award and/or Restricted Share Award
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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 5, 2007 | THE CHEESECAKE FACTORY INCORPORATED | |
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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 |
| Form ofNotice and Agreement of Grant of Stock Option Award and/or Restricted Share Award |
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