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Form 8-K CHEESECAKE FACTORY INC For: Jul 21

July 27, 2022 4:33 PM
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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):  July 21, 2022

 

THE CHEESECAKE FACTORY INCORPORATED

(Exact name of registrant as specified in its charter)

 

Delaware   0-20574   51-0340466
(State or other jurisdiction   (Commission   (IRS Employer
of incorporation)   File Number)   Identification No.)

 

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:

 

¨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 240.14d-2(b))
¨Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class:   Trading Symbol(s)   Name of each exchange on which registered:
Common Stock, par value $.01 per share   CAKE   Nasdaq Stock Market

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

 

 

 

 

 

  

The following information under Item 2.02 of Form 8-K, “Results of Operations and Financial Condition” and Item 7.01 of Form 8-K, “Regulation FD Disclosure” is intended to be furnished. 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.

 

ITEM 2.02RESULTS OF OPERATIONS AND FINANCIAL CONDITION

 

In a press release dated July 27, 2022, a copy of which is furnished as Exhibit 99.1 to this report, The Cheesecake Factory Incorporated (the “Company”) reported financial results for the second quarter of fiscal 2022.

 

ITEM 7.01REGULATION FD DISCLOSURE

 

On July 27, 2022, the Company posted an updated Investor Presentation on the Company’s Investor Relations website at investors.thecheesecakefactory.com. A copy of the presentation is furnished as Exhibit 99.2 hereto and is incorporated by reference herein.

 

ITEM 8.01OTHER EVENTS

 

On July 21, 2022, the Board of Directors (the “Board”) of the Company declared a quarterly cash dividend of $0.27 per share which will be paid on August 23, 2022 to the stockholders of record of each share of the Company’s common stock at the close of business on August 10, 2022. Future decisions to pay or to increase or decrease dividends are at the discretion of the Board and will depend upon operating performance and other factors.

 

ITEM 9.01FINANCIAL STATEMENTS AND EXHIBITS

 

  (d) Exhibits
     
  99.1 Press release dated July 27, 2022 entitled “The Cheesecake Factory Reports Results for Second Quarter of Fiscal 2022.”
  99.2 The Cheesecake Factory Investor Presentation dated July 27, 2022
  104.1 Cover Page Interactive Data File (embedded within the inline XBRL document)

 

 

 

 

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:    July 27, 2022 THE CHEESECAKE FACTORY INCORPORATED
   
  By: /s/ Matthew E. Clark
    Matthew E. Clark
    Executive Vice President and Chief Financial Officer

 

 

 

 

 

Exhibit 99.1

 

 

 

 

PRESS RELEASE

 

 

FOR IMMEDIATE RELEASE Contact: Etienne Marcus
  (818) 871-3000
  [email protected]

 

THE CHEESECAKE FACTORY REPORTS RESULTS FOR

SECOND QUARTER OF FISCAL 2022 AND PROVIDES BUSINESS UPDATE

 

CALABASAS HILLS, Calif., – July 27, 2022 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2022, which ended on June 28, 2022.

 

Total revenues were $832.6 million in the second quarter of fiscal 2022 compared to $769.0 million in the second quarter of fiscal 2021. Net income and diluted net income per share were $25.7 million and $0.50, respectively, in the second quarter of fiscal 2022.

 

Excluding the after-tax impact of a $0.8 million charge recorded by the Company primarily associated with FRC acquisition-related items, adjusted net income and adjusted net income per share for the second quarter of fiscal 2022 were $26.4 million and $0.52, respectively. Please see the Company’s reconciliation of non-GAAP financial measures at the end of this press release.

 

Comparable restaurant sales at The Cheesecake Factory restaurants increased 4.7% year-over-year in the second quarter of fiscal 2022.

 

“We were pleased with our second quarter topline results across our brands, as we continued to outperform the broader casual dining industry, underscoring the strength of our portfolio,” said David Overton, Chairman and Chief Executive Officer. “Within the four walls of our restaurants, our tenured operators remained focused on delivering delicious, memorable experiences for our guests while maintaining our high labor productivity and food efficiency results.”

 

“The inflationary environment remains dynamic and in the second quarter we faced measurably higher costs than anticipated. Despite these near-term headwinds, we remain committed to returning margins to pre-pandemic levels while managing our business for the long-term. With record restaurant staffing levels in July and our proven track record of resiliency, I remain confident in our ability to deliver on our objectives and create long-term shareholder value.”

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

 

 

 

 

Development

 

The Company now expects to open as many as 15 new restaurants in fiscal 2022, including as many as four Cheesecake Factory restaurants, four North Italia restaurants, and as many as seven FRC restaurants, including three Flower Child locations. This includes the opening of the first brick and mortar location of Fly Bye, FRC’s newest fast casual dining concept offering Detroit-style pizza and crispy chicken, which opened subsequent to second quarter-end in Phoenix, AZ.

 

In addition, in fiscal 2022 the Company expects one Cheesecake Factory restaurant to open internationally under a licensing agreement.

 

Liquidity and Capital Allocation

 

During the second quarter, the Company generated $54.0 million in cash flow from operating activities.

 

As of June 28, 2022, the Company had total available liquidity of $433 million, including a cash balance of $195 million and availability on its revolving credit facility of $238 million. Total principal amount of debt outstanding was $475 million, including $345 million in principal amount of 0.375% convertible senior notes due 2026 and $130 million in principal amount drawn on the Company’s revolving credit facility.

 

The Company repurchased approximately 360,000 shares of its common stock at a cost of $10.9 million in the second quarter of fiscal 2022, and also announced today that its Board of Directors declared a quarterly dividend of $0.27 per share to be paid on August 23, 2022 to shareholders of record at the close of business on August 10, 2022.

 

Conference Call and Webcast

 

The Company will hold a conference call to review its results for the second quarter of fiscal 2022 today at 2:00 p.m. Pacific Time. The conference call will be webcast live on the Company’s website at investors.thecheesecakefactory.com and a replay of the webcast will be available through August 26, 2022.

 

About The Cheesecake Factory Incorporated

 

 

The Cheesecake Factory Incorporated is a leader in experiential dining. We are culinary forward and relentlessly focused on hospitality. Delicious, memorable experiences created by passionate people – this defines who we are and where we are going. We currently own and operate 309 restaurants throughout the United States and Canada under brands including The Cheesecake Factory®, North Italia® and a collection within our Fox Restaurant Concepts business. Internationally, 29 The Cheesecake Factory® restaurants operate under licensing agreements. Our bakery division operates two facilities that produce quality cheesecakes and other baked products for our restaurants, international licensees and third-party bakery customers. In 2022, we were named to the FORTUNE Magazine “100 Best Companies to Work For®” list for the ninth consecutive year. To learn more, visit www.thecheesecakefactory.com, www.northitalia.com and www.foxrc.com.

 

From Fortune ©2022 Fortune Media IP Limited. All rights reserved. Used under license. Fortune and Fortune 100 Best Companies to Work For are registered trademarks of Fortune Media IP Limited and are used under license. Fortune and Fortune Media IP Limited are not affiliated with, and do not endorse products or services of, The Cheesecake Factory Incorporated.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

 

 

 

 

Safe Harbor Statement

 

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, as codified in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements include, without limitation, statements regarding sales trends and strength, competitive position, development expectations, liquidity, quarterly dividends, returning to pre-pandemic margins and creation of long-term shareholder value. Such forward-looking statements include all other statements that are not historical facts, as well as statements that are preceded by, followed by or that include words or phrases such as “believe,” “plan,” “will likely result,” “expect,” “intend,” “will continue,” “is anticipated,” “estimate,” “project,” “may,” “could,” “would,” “should” and similar expressions. These statements are based on current expectations and involve risks and uncertainties which may cause results to differ materially from those set forth in such statements. Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements. These forward-looking statements may be affected by various factors including: the rapidly evolving nature of the COVID-19 pandemic and related containment measures, including the potential for a complete shutdown of the Company’s restaurants, international licensee restaurants and the Company’s bakery operations; supply chain disruptions and inflation; the geopolitical environment; demonstrations, political unrest, potential damage to or closure of the Company’s restaurants and potential reputational damage to the Company or any of its brands; economic, public health and political conditions that impact consumer confidence and spending, including the impact of COVID-19 and other health epidemics or pandemics on the global economy; acceptance and success of The Cheesecake Factory in international markets; acceptance and success of North Italia and the Fox Restaurant Concepts restaurants, Social Monk Kitchen and other concepts; the risks of doing business abroad through Company-owned restaurants and/or licensees; foreign exchange rates, tariffs and cross border taxation; changes in laws impacting the Company’s business, including laws and regulations related to COVID-19 impacting restaurant operations and customer access to off- and on-premise dining; labor constraints, changes in unemployment rates and increases in minimum wages and benefit costs; the economic health of the Company’s landlords and other tenants in retail centers in which its restaurants are located, and the Company’s ability to successfully manage its lease arrangements with landlords; unanticipated costs that may arise in connection with a return to normal course of business; the economic health of suppliers, licensees, vendors and other third parties providing goods or services to the Company; the timing of new unit development; compliance with debt covenants; strategic capital allocation decisions including any share repurchases or dividends; the ability to achieve projected financial results; the resolution of uncertain tax positions with the Internal Revenue Service and the impact of tax reform legislation; adverse weather conditions in regions in which the Company’s restaurants are located; factors that are under the control of government agencies, landlords and other third parties; the risks, costs and uncertainties associated with opening new restaurants; and other risks and uncertainties detailed from time to time in the Company’s filings with the Securities and Exchange Commission (“SEC”). Forward-looking statements speak only as of the dates on which they are made and the Company undertakes no obligation to publicly update or revise any forward-looking statements or to make any other forward-looking statements, whether as a result of new information, future events or otherwise, unless required to do so by law. Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements and the discussion of risk factors contained in the Company’s latest Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K as filed with the SEC, which are available at www.sec.gov.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

 

 

 

 

The Cheesecake Factory Incorporated

Condensed Consolidated Financial Statements

(unaudited; in thousands, except per share and statistical data)

 

    13 Weeks Ended    13 Weeks Ended    26 Weeks Ended    26 Weeks Ended  
    June 28, 2022   June 29, 2021   June 28, 2022   June 29, 2021 
Consolidated Statements of Income   Amount  Percent of
Revenues
   Amount  Percent of
Revenues
   Amount  Percent of
Revenues
   Amount  Percent of
Revenues
 
Revenues  $832,643  100.0% $768,956  100.0% $1,626,353  100.0% $1,396,373  100.0%
Costs and expenses:                             
  Cost of sales   204,182  24.5%  168,944  22.0%  392,683  24.1%  304,819  21.8%
  Labor expenses   304,519  36.6%  274,812  35.7%  600,282  36.9%  504,544  36.1%
  Other operating costs and expenses   219,200  26.3%  199,495  25.9%  426,835  26.3%  381,028  27.3%
  General and administrative expenses   50,191  6.0%  48,228  6.3%  99,314  6.1%  92,655  6.6%
  Depreciation and amortization expenses   22,608  2.7%  22,223  2.9%  44,113  2.7%  44,229  3.2%
  Impairment of assets and lease termination expenses   106  0.0%  -  0.0%  313  0.0%  594  0.0%
  Acquisition-related contingent consideration, compensation   and amortization expenses   948  0.1%  11,357  1.5%  1,839  0.1%  11,907  0.9%
  Preopening costs   2,947  0.4%  2,779  0.4%  4,711  0.3%  6,635  0.5%
    Total costs and expenses   804,701  96.6%  727,838  94.7%  1,570,090  96.5%  1,346,411  96.4%
Income from operations   27,942  3.4%  41,118  5.3%  56,263  3.5%  49,962  3.6%
Interest and other expense, net   (1,130) (0.2)%  (4,706) (0.6)%  (2,591) (0.2)%  (7,400) (0.5)%
Income before income taxes   26,812  3.2%  36,412  4.7%  53,672  3.3%  42,562  3.1%
Income tax provision   1,156  0.1%  2,697  0.3%  4,853  0.3%  4,979  0.4%
Net income   25,656  3.1%  33,715  4.4%  48,819  3.0%  37,583  2.7%
Dividends on Series A preferred stock (1)   -  0.0%  (13,591) (1.8)%  -  0.0%  (18,661) (1.4)%
Undistributed earnings allocated to Series A preferred stock   -  0.0%  (3,051) (0.4)%  -  0.0%  (3,123) (0.2)%
Net income available to common stockholders  $25,656  3.1% $17,073  2.2% $48,819  3.0% $15,799  1.1%
                              
Basic net income per common share  $0.51     $0.38     $0.97     $0.35    
Basic weighted average shares outstanding   50,387      45,471      50,360      44,830    
                              
Diluted net income per common share (2)  $0.50     $0.37     $0.96     $0.35    
Diluted weighted average shares outstanding   50,929      46,777      50,966      45,975    

 

(1) During the second quarter of fiscal 2021, the Company completed the repurchase of 150,000 shares of its previously outstanding convertible preferred stock and the conversion of the remaining 50,000 shares of convertible preferred stock into approximately 2.4 million shares of the Company’s common stock, which simplified the Company’s capital structure and eliminated future convertible preferred dividends. For GAAP accounting purposes, $13.6 million of the total consideration paid was deemed to be a dividend during the second quarter of fiscal 2021.

 

(2) Diluted net income per common share reflects an adjustment for reallocation of undistributed earnings to preferred stock of $72,552 and $65,204, respectively, for the thirteen and twenty-six weeks ended June 29, 2021.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

  

 

 

 

   13 Weeks Ended   13 Weeks Ended   26 Weeks Ended   26 Weeks Ended 
Selected Segment Information  June 28, 2022   June 29, 2021   June 28, 2022   June 29, 2021 
Revenues:                    
The Cheesecake Factory restaurants  $640,858   $606,691   $1,250,674   $1,106,080 
North Italia   56,238    43,566    108,995    76,390 
Other FRC   60,020    47,458    118,852    83,652 
Other   75,527    71,241    147,832    130,251 
Total  $832,643   $768,956   $1,626,353   $1,396,373 
                     
Income from operations:                    
The Cheesecake Factory restaurants  $64,327   $83,198   $127,771   $127,679 
North Italia   5,048    3,026    8,726    3,358 
Other FRC   6,793    7,282    14,122    11,162 
Other   (48,226)   (52,388)   (94,356)   (92,237)
Total  $27,942   $41,118   $56,263   $49,962 
                     
Preopening costs:                    
The Cheesecake Factory restaurants  $1,372   $584   $2,406   $2,648 
North Italia   1,004    1,061    1,414    2,279 
Other FRC   284    637    273    1,099 
Other   287    497    618    609 
Total  $2,947   $2,779   $4,711   $6,635 
                     
Impairment of assets and lease termination expenses:                    
The Cheesecake Factory restaurants  $106   $-   $(59)  $- 
North Italia   -    -    -    - 
Other FRC   -    -    -    - 
Other   -    -    372    594 
Total  $106   $-   $313   $594 
                     
Depreciation and amortization expenses:                    
The Cheesecake Factory restaurants  $16,275   $16,487   $31,862   $32,807 
North Italia   1,222    981    2,520    1,825 
Other FRC   1,470    1,038    3,051    2,215 
Other   3,641    3,717    6,680    7,382 
Total  $22,608   $22,223   $44,113   $44,229 

 

   13 Weeks Ended   13 Weeks Ended   26 Weeks Ended   26 Weeks Ended 
The Cheesecake Factory restaurants operating information:  June 28, 2022   June 29, 2021   June 28, 2022   June 29, 2021 
Comparable restaurant sales vs. prior year   4.7%   150.0%   12.0%   52.0%
Restaurants opened during period   -    -    -    1 
Restaurants open at period-end   208    207    208    207 
Restaurant operating weeks   2,704    2,691    5,408    5,369 
                     
North Italia operating information:                    
Comparable restaurant sales vs. prior year   12%   182%   21%   63%
Restaurants opened during period   1    2    1    3 
Restaurants open at period-end   30    26    30    26 
Restaurant operating weeks   378    328    755    631 
                     
Other Fox Restaurant Concepts (FRC) operating information:(1)                    
Restaurants opened during period   -    -    -    1 
Restaurants open at period-end   31    28    31    28 
Restaurant operating weeks   403    354    806    696 
                     
Other operating information:(2)                    
Restaurants opened during period   1    1    1    1 
Restaurants open at period-end   39    39    39    39 
Restaurant operating weeks   505    490    1,007    967 
                     
Number of company-owned restaurants:                    
The Cheesecake Factory   208                
North Italia   30                
Other FRC   31                
Other   39                
Total   308                

 

Number of international-licensed restaurants:                    
The Cheesecake Factory   29                

 

(1) The Other FRC segment includes all FRC brands except Flower Child.

(2) The Other segment includes the Flower Child, Grand Lux Cafe and Social Monk Asian Kitchen concepts, as well as the Company's third-party bakery, international and consumer packaged goods businesses, unallocated corporate expenses and gift card costs.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

  

 

Selected Consolidated Balance Sheet Information  June 28, 2022   December 28, 2021 
Cash and cash equivalents  $194,891   $189,627 
Long-term debt, net of issuance costs (1)   467,025    466,017 

 

(1) Includes $337 million net balance of 0.375% convertible senior notes due 2026 (principal amount of $345 million less $8.0 million in unamortized issuance costs) and $130 million drawn on the Company's revolving credit facility. The unamortized issuance costs were recorded as a contra-liability and netted with long-term debt on the Condensed Consolidated Balance Sheet and are being amortized as interest expense.  

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

 

 

 

               

Reconciliation of Non-GAAP Results to GAAP Results

 

In addition to the results provided in accordance with accounting principles generally accepted in the United States of America (“GAAP”) in this press release, the Company is providing non-GAAP measurements which present net income and net income per share excluding the impact of certain items. The non-GAAP measurements are intended to supplement the presentation of the Company’s financial results in accordance with GAAP. These non-GAAP measures are calculated by eliminating from net income and diluted net income per share the impact of items the Company does not consider indicative of its ongoing operations. To reflect the then-potential impact of the conversion of the Company’s convertible preferred stock into common stock for the period that it was outstanding prior to the repurchase and conversion on June 15, 2021, the Company excluded the preferred dividend and assumed all convertible preferred shares convert to common stock. The Company uses these non-GAAP financial measures for financial and operational decision-making and as a means to evaluate period-to-period comparisons.

 

The Cheesecake Factory Incorporated

Reconciliation of Non-GAAP Financial Measures

(unaudited; in thousands, except per share data)

 

   13 Weeks Ended   13 Weeks Ended   26 Weeks Ended   26 Weeks Ended 
   June 28, 2022   June 29, 2021   June 28, 2022   June 29, 2021 
Net income available to common stockholders (GAAP)  $25,656   $17,073   $48,819   $15,799 
  Dividends on Series A preferred stock   -    13,591    -    18,661 
  Net income attributable to Series A preferred stock   -    3,051    -    3,123 
  COVID-19 related costs(1)   -    -    -    4,917 
  Impairment of assets and lease termination expenses(2)   106    -    313    594 
  Acquisition-related contingent consideration, compensation and amortization expenses(3)   948    11,357    1,839    11,907 
  Termination of interest rate swap   -    2,354    -    2,354 
  Uncertain tax position(4)   -    -    -    2,471 
  Tax effect of adjustments(5)   (275)   (3,565)   (559)   (5,140)
Adjusted net income (non-GAAP)  $26,435   $43,861   $50,412   $54,686 
                     
Diluted net income per common share (GAAP)  $0.50   $0.37   $0.96   $0.35 
  Dividends on Series A preferred stock   -    0.25    -    0.34 
  Net Income attributable to Series A preferred stock   -    0.06    -    0.06 
  Assumed impact of potential conversion of Series A preferred stock into common stock(6)   -    (0.06)   -    (0.06)
  COVID-19 related costs   -    -    -    0.09 
  Impairment of assets and lease termination expenses   0.00    -    0.01    0.01 
  Acquisition-related contingent consideration, compensation and amortization expenses   0.02    0.21    0.04    0.22 
  Termination of interest rate swap   -    0.04    -    0.04 
  Uncertain tax position   -    -    -    0.05 
  Tax effect of adjustments   (0.01)   (0.07)   (0.01)   (0.09)
Adjusted net income per share (non-GAAP)(7)  $0.52   $0.80   $0.99   $1.00 

 

(1) Represents incremental costs associated with COVID-19 such as sanitation, personal protective equipment, sick and vaccination pay, and healthcare benefits for furloughed staff members.

(2) A detailed breakdown of impairment of assets and lease termination expenses recorded in the thirteen and twenty-six weeks ended June 28, 2022 and June 29, 2021 can be found in the Selected Segment Information table.

(3) Represents changes in the fair value of the deferred consideration and contingent consideration and compensation liabilities related to the North Italia and FRC acquisition, as well as amortization of acquired definite-lived licensing agreements.

(4) Reserve for uncertain tax position. Uncertain tax positions taken in a tax return are recognized in the financial statements when it is more likely than not that the position will be sustained upon examination by tax authorities based on its technical merits, taking into account available administrative remedies and litigation.

(5) Based on the federal statutory rate and an estimated blended state tax rate, the tax effect on all adjustments assumes a 26% tax rate for the fiscal 2022 and 2021 periods.

(6) Represents the impact of assuming the conversion of Series A  preferred stock into common stock (8,126,001 and 8,862,280 shares for the thirteen and twenty-six weeks ended June 29, 2021, respectively), resulting in an assumption of 54,632,770 and 54,837,353 weighted-average common shares outstanding for the thirteen and twenty-six weeks ended June 29, 2021, respectively.

(7) Adjusted net income per share may not add due to rounding.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

  

 

 

 

Exhibit 99.2

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Investor Presentation July 27, 2022

Safe Harbor Statement 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including 2022 underlying assumptions, and statements with respect to expectations of the Company’s future financial condition, results of operations, cash flows, plans, targets, goals, objectives, performance, growth potential, engines and opportunities, expected growth rates, industry-leading comparable sales growth and competitive position; quality control and supply chain efficiencies; operational execution and retention; annualized average unit volume; the Company’s differentiation and strong foothold in the off- premise channel; recovery from the COVID-19 pandemic; statements from the Company’s corporate social responsibility report; the opportunity for additional domestic and foreign locations and licensees and territories; target returns for new restaurant openings; performance of international licensed locations; North Italia and Fox Restaurant Concepts (“FRC”) as growth drivers and FRC as an incubation engine; anticipated unit growth roadmap; and resumption of strong unit growth. Such forward-looking statements include all other statements that are not historical facts, as well as statements that are preceded by, followed by or that include words or phrases such as “believe,” “plan,” “will likely result,” “expect,” “intend,” “will continue,” “is anticipated,” “estimate,” “project,” “may,” “could,” “would,” “should” and similar expressions. These statements are based on current expectations and involve risks and uncertainties which may cause results to differ materially from those set forth in such statements. Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements. These forward- looking statements may be affected by various factors including: the rapidly evolving nature of the COVID-19 pandemic and related containment measures, including the potential for a complete shutdown of the Company’s restaurants, international licensee restaurants and the Company’s bakery operations; supply chain disruptions and inflation; the geopolitical environment; demonstrations, political unrest, potential damage to or closure of the Company’s restaurants and potential reputational damage to the Company or any of its brands; economic, public health and political conditions that impact consumer confidence and spending, including the impact of COVID-19 and other health epidemics or pandemics on the global economy; acceptance and success of The Cheesecake Factory in international markets; acceptance and success of North Italia and the Fox Restaurant Concepts restaurants, Social Monk Kitchen and other concepts; the risks of doing business abroad through Company-owned restaurants and/or licensees; foreign exchange rates, tariffs and cross border taxation; changes in laws impacting the Company’s business, including laws and regulations related to COVID-19 impacting restaurant operations and customer access to off- and on- premise dining; labor constraints, changes in unemployment rates and increases in minimum wages and benefit costs; the economic health of the Company’s landlords and other tenants in retail centers in which its restaurants are located, and the Company’s ability to successfully manage its lease arrangements with landlords; unanticipated costs that may arise in connection with a return to normal course of business; the economic health of suppliers, licensees, vendors and other third parties providing goods or services to the Company; the timing of new unit development; compliance with debt covenants; strategic capital allocation decisions including any share repurchases or dividends; the ability to achieve projected financial results; the resolution of uncertain tax positions with the Internal Revenue Service and the impact of tax reform legislation; adverse weather conditions in regions in which the Company’s restaurants are located; factors that are under the control of government agencies, landlords and other third parties; the risks, costs and uncertainties associated with opening new restaurants; and other risks and uncertainties detailed from time to time in the Company’s filings with the Securities and Exchange Commission (“SEC”). Forward-looking statements speak only as of the dates on which they are made and the Company undertakes no obligation to publicly update or revise any forward-looking statements or to make any other forward-looking statements, whether as a result of new information, future events or otherwise, unless required to do so by law. Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements and the discussion of risk factors contained in the Company’s latest Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K as filed with the SEC, which are available at www.sec.gov.

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• Experiential dining category leader with diversified growth engines • Leveraging the Company’s differentiation and strong foothold in the off-premise channel to support the business in the on-going dynamic environment • Best-in-class operational execution and industry-leading retention • Significant and accelerating growth opportunities driving one of the highest expected growth rates in the casual dining industry Investment Highlights 3

The Cheesecake Factory - Global Footprint 4 High quality, high profile locations worldwide Company-Owned: 209 (Including Toronto, Canada) Toronto International – Licensed: 29 Mexico City (4) Guadalajara Saudi Arabia (4) UAE (6) Kuwait (3) Qatar (3) Bahrain (1) Shanghai (3) Hong Kong Beijing Monterrey Macau Opportunity for 300 Domestic Locations Over Time & Continued International Expansion

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Filling White Space for an On-Trend, Contemporary Italian Offering 5 • Potential for 200 domestic locations over time - 30 locations in 13 states & Washington D.C. currently • All dishes handmade from scratch daily • Serving lunch, dinner, weekend brunch & weekday happy hour • Average check: ~$30-$40 • ~25% alcohol mix FY21 Comp Sales (vs. 2019): 8% 2Q22 Comp Sales (vs. 2Q21): 12%

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Fox Restaurant Concepts (FRC) Expected to Serve as an Incubation Engine Innovating Concepts of the Future 6 Potential Growth Boutique Brands 61 Total FRC Locations Across the U.S.

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We Have Resumed Strong Unit Growth With Impressive Early Results 7 2021 New Restaurants Opened The Cheesecake Factory Washington D.C. Blanco Nashville, TN North Italia Birmingham, AL As many as 15 total units planned for 2022 North Italia Franklin, TN North Italia Miami, FL North Italia San Antonio, TX Flower Child Atlanta, GA Blanco Oak Brook, IL North Italia Gilbert, AZ Flower Child Gilbert, AZ The Cheesecake Factory Huntsville, AL North Italia Orlando, FL Blanco Denver, CO Culinary Dropout Denver, CO 2022 New Restaurants Opened Flower Child Fort Worth, TX North Italia Buckhead, GA Fly Bye Phoenix, AZ

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Breadth of Menu & Innovation – 235 Items Made Fresh, From Scratch Ambiance, Service and Hospitality The Cheesecake Factory - A Highly Differentiated Concept Best-in-Class Operational Execution Integrated Bakery 9

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Integrated Bakery – The “Cheesecake” Magic • Produces over 60 cheesecakes and other baked desserts • Enables creativity, quality control and supply chain efficiencies FY19* 16% 10 FY20* 21% Differentiated positioning has been a key sales driver during COVID-19 Industry-Leading Dessert Sales FY21* 19% * Percent of total sales

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Best-in-Class Operational Execution and Industry-Leading Retention Average Tenure by Position 33 years 24 years 20 years 20 years 15 years 14 years Senior VP of Operations Regional Vice Presidents Area Directors of Operations Area Kitchen Operations Managers General Managers Executive Kitchen Managers “What we found is that food and beverage innovation is table stakes; you need to do it, but it’s not sustainable,” The ironclad correlation with success? “It was GM retention.” – Wally Doolin, Black Box Intelligence* From Fortune ©2022 Fortune Media IP Limited. All rights reserved. Used under license. Fortune and Fortune 100 Best Companies to Work For are registered trademarks of Fortune Media IP Limited and are used under license. Fortune and Fortune Media IP Limited are not affiliated with, and do not endorse products or services of, The Cheesecake Factory, Incorporated. PEOPLE Companies That Care seal is a registered trademark of Meredith and is used under license. *Restaurant Business, May 2018 11 Also recognized as a best workplace for diversity, millennials, and women 9th consecutive year

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Cult Status & Strong Consumer Engagement 1M+ followers 5M fans 360K followers Millions of Viewers 12 Note: Statistics as of July 20, 2022 130K followers Themed filters reaching 5M+ users

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Broad Consumer Demographic and Appeal With a Moderate Average Check Highest Unit Volumes ($ in millions) Source: Latest SEC 10-K filings and company presentations Average check for The Cheesecake Factory defined as on-premise average check for FY 2021 13 $11.1 $6.4 $5.3 $5.1 $4.1 $3.8 $3.4 $3.3 $3.0 Texas Roadhouse Maggiano's BJ's Olive Garden Outback LongHorn Carrabba's Bonefish $32 $30 $27 $26 $24 $23 $23 $20 $20 $19 Yard House Bonefish Maggiano's Outback LongHorn Carraba's Olive Garden Texas Roadhouse BJ's Casual Dining Rated #1 Full-Service Chain for Food Quality #1 Quality #2 Service #3 Ambiance

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9% 12% 14%16% 43% 43% 31%28%27% 28% 25% Off-Premise Sales (% of Total Revenue) Leveraging This Differentiation in the Off-Premise Channel Upgraded Takeout Packaging 14 *Annualized unit volume equivalent based on total system restaurant average weekly sales ~$3.1 million per restaurant* Reflecting COVID-19 dining restrictions

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Further Leaning in to Convenience 15

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CSR – Contributing to the Well-Being of Our Staff, Local Communities and the Environment We All Share 16 Please refer to the 2021 Cheesecake Factory Corporate Social Responsibility Report.

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Sales Leadership Growth Opportunities Financial Resiliency 17

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Driving Strong Sales Growth Across Portfolio 18 2Q22 Comp Sales (vs. 2Q21) +4.7% 2Q22 Average Weekly Sales (AWS) ~$237,000 Equates to $12.3M Annualized Average Unit Volume +12% +11% ~$148,800 Equates to $7.7M Annualized Average Unit Volume ~$148,900 Equates to $7.7M Annualized Average Unit Volume 2Q22 AWS vs. 2Q21

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~$4 $1.7 $3.1 2019 Early COVID 4Q21 ~$1.7 Sustained Off-Premise Sales Strength4 (AUV $ millions) We Believe Stable, Agile Brands Will Be Best Equipped to Weather Volatility and Thrive Post-COVID 19 Potential Industry Rationalization - Market Share Opportunity “ ” “Large chains and well-funded restaurant groups have the resources to ride out a protracted shutdown, but the independent restaurants that make up about two-thirds of the American dining landscape – noodle shops, diners and that charming urban restaurant that always had a line out the door – may not survive.” - New York Times, March 20, 2020 Casual Dining1 Sources: 1Morgan Stanley Report April 6, 2020; 2Bureau of Labor Statistics; 3U.S. Census; 4Annualized average unit volumes based on average weekly sales in each period. * For The Cheesecake Factory restaurants that were operating an off-premise only model from May 20th, 2020 to July 21st, 2020. Increased Consumer Emphasis On Off-Premise “Off-premise will likely continue its rise in importance, even after the pandemic” - Technomic, April 24, 2020 ”“ Independents 86% Chains 14% Off - Premise Only 2 As of May 2021, the NRA estimated that 15% (~90,000) of restaurants have closed. 3 2019 Early-COVID* 2Q19 2Q22 1.4% 1.8% 2.1% 1.3% 1.5% 1.5% 1.8% 2.5% 2.2% 1.9% 0.8% 0.7% 0.7% 0.7% 0.7% 0.7% 0.7% 0.6% 0.5% 0.5% 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Annual Restaurant Unit Growth US Population Growth

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2022 Underlying Key Assumptions(1) 20 (1) Takes into account the impact the latest COVID-19 virus resurgence is having; assumes no additional COVID-19 surges or other material disruptions (2) Includes impact of 53rd week in fiscal 2022 (3) Restaurant Level Margin $3.32 to $3.37 Billion Total Sales(2) Targeting to exit 2022 at 2019 CCF RLM(3) 15 New Restaurant Openings $12 Million CCF AUV(2) Approximately $140 Million in Capex Q3 2022 quarterly dividend of $0.27 Share repurchase program

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Diversified Growth Engines Expected to Drive 7% Unit Growth Annually Target Size (productive sq. ft.) 7,000 – 10,000 6,000 - 7,000 3,500 – 15,000 Targeted Average Unit Volume $11M - $12M $7M - $7.5M Avg. $5M - $5.5M Targeted Sales/productive sq. ft. ~$1,100 ~$1,200 ~$1,000 Target Long-Term Unit Growth ~3% ~20%+ ~15% - 20% Top-Line Unit Growth Contribution ~3% ~2% ~2% Target Restaurant-Level Margin % ~18% ~18% - 20% ~16% - 18% Cash Capex Investment $8M+ $3.5M+ $500/sq. ft. Target Cash-on-Cash Return 20% - 25% 35%+ 25% - 30% Sales/Investment Ratio Varies 2:1 2:1 21 Diversified multi- concept across segment, price point, occasion, real estate and labor Leveraging brand power, operational excellence, scale, supply chain and real estate development expertise Anticipated Unit Growth Roadmap ¹Illustrative example of target returns for new restaurant openings | ²Average unit volume and steady-state restaurant-level margin typically reached after 3 years of operations ¹ ² ²

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(4.2)% (6.8)% (0.3)% 4.0% 4.2% 3.3% 2.6% 4.1% 3.8% 0.4% 0.9% 2.5% (27.4)% 3.3% (4.3)% (8.7)% (6.1)% 1.0% 2.0% (0.9)% (1.6)% 0.8% (0.4)% (2.2)% 0.5% 1.4% (24.0)% (0.9)% History of Outperforming the Industry 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020* 2021** Knapp-Track Index Comparable Sales - Historical 2-year Stack 22 Industry Outperformance During Economic Downturn Geographical discrepancies in dining restrictions & reopening timelines *2020 results reflect the impact of the COVID-19 pandemic. **2021 data compares against 2019 data due to COVID-19 pandemic.

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$0.84 $1.07 $1.42 $1.64 $1.88 $2.10 $1.97 $2.37 $2.83 $2.60 $2.51 $2.61 $(1.49) $2.13 '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 Capital Allocation Detail $85 $163 $128 $120 $112 $107 $135 $94 $158 $100 $163 $120 $(47) $146 '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 ¹Free cash flow defined as cash flow from operations (includes adjustment for excess tax benefit related to stock options exercised in 2008-2016 to conform to current year presentation) less capital expenditures and investment in unconsolidated affiliates prior to the acquisition of North Italia and Fox Restaurant Concepts ²2019 Capex/Investment does not include the acquisition of North Italia and Fox Restaurant Concepts Note: 2020 results reflect the impact of the COVID-19 pandemic and the issuance of 200,000 shares of Series A Convertible Preferred Stock. Please refer to SEC filings for GAAP to Non-GAAP reconciliations and for an explanation regarding an accounting reclassification for prior years $85 $37 $42 $77 $86 $106 $114 $154 $158 $139 $128 $99 $50 $67 $173 $52 $172 $101 $184 $141 $109 $146 $123 $109 $51 $4 $6 $13 $27 $30 $36 $42 $50 $56 $61 $16 64,009 44,545 52,941 '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 Capex / Investment ² Share Repurchases Common Stock Dividend Weighted Average Shares Outstanding Durable Business Over Time Free Cash Flow¹ Adjusted Earnings/(Loss) Per Share ($ in millions) ($ in millions) ‘20 ‘20

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Appendix

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Non-GAAP Reconciliations In addition to the results provided in accordance with the Generally Accepted Accounting Principles (“GAAP”) in this presentation, the Company is providing non-GAAP measurements which present adjusted diluted net income/(loss) per share excluding the impact of certain items and free cash flow. The non-GAAP measurements are intended to supplement the presentation of the Company’s financial results in accordance with GAAP. The Company believes that the presentation of these items provides additional information to facilitate the comparison of past and present financial results. 25

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Non-GAAP Reconciliation (1) Represents incremental costs associated with COVID-19 such as sick and vaccination pay, healthcare and meal benefits for furloughed staff members, additional sanitation and personal protective equipment. (2) The tax effect assumes a tax rate based on the federal statutory rate and an estimated blended state tax rate. (3) Fiscal 2017 includes a $38.5 million benefit to the income tax provision related to tax reform enacted in December 2017. (4) Adjusted diluted net income/(loss) per share may not add due to rounding. 26 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Net income/(loss) (GAAP) 52,293 $ 42,833 $ 81,713 $ 95,720 $ 98,423 $ 114,356 $ 101,276 $ 116,523 $ 139,494 $ 157,392 $ 99,035 $ 127,293 $ (277,107) $ 49,131 $ - Impairment of assets and lease termination expenses 2,952 26,541 - 1,547 9,536 (561) 696 6,011 114 10,343 17,861 18,247 219,333 18,139 - Partial IRS settlement ---(1,794) ---------- - Termination of Interest rate swap - 7,421 7,376 ---------- 2,354 - Chairman and CEO employment agreement - 2,550 ----------- - Proceeds from variable life insurance contract -(668) --(419) --------- - Loss on investment in unconsolidated affiliates --------- 479 4,754 13,439 -- - Gain on investment in unconsolidated affiliates -----------(52,672) -- - Acquisition-related costs ----------- 5,270 2,699 - - Acquisition-related contingent consideration, compensation and amortization expenses/(benefit) ----------- 1,033 (3,872) 19,510 - Dividends on Series A preferred stock ------------ 13,485 18,661 - Net income attributable to Series A preferred stock to apply if-converted method ------------- 4,581 - Direct and incremental Series A preferred stock issuance costs ------------ 10,257 - - Assumed impact of potential conversion of Series A preferred stock into common stock ------------- - - COVID-19 related costs (1) ------------ 22,963 4,917 - Uncertain tax positions ------------- 7,139 - Tax effect of adjustments (2) (1,181) (14,605) (2,951) (331) (3,814) 224 (278) (2,404) (46) (4,329) (5,880) 3,818 (62,692) (11,679) - One-time tax items (3) ---------(38,525) ---- Adjusted net income/(loss) (non-GAAP) 54,064 $ 64,072 $ 86,138 $ 95,142 $ 103,726 $ 114,019 $ 101,694 $ 120,130 $ 139,562 $ 125,360 $ 115,770 $ 116,428 $ (74,934) $ 112,753 $ Diluted net income/(loss) per share (GAAP) 0.82 $ 0.71 $ 1.35 $ 1.64 $ 1.78 $ 2.10 $ 1.96 $ 2.30 $ 2.83 $ 3.27 $ 2.14 $ 2.86 $ (6.32) $ 1.01 $ - Impairment of assets and lease termination expenses 0.05 0.44 - 0.03 0.17 (0.01) 0.01 0.12 0.00 0.21 0.39 0.41 4.36 0.34 - Partial IRS settlement ---(0.03) ---------- - Termination of Interest rate swap - 0.12 0.12 ---------- 0.04 - Chairman and CEO employment agreement - 0.04 ------------ - Proceeds from variable life insurance contract -(0.01) --(0.01) --------- - Loss on investment in unconsolidated affiliates --------- 0.01 0.10 0.30 -- - Gain on investment in unconsolidated affiliates -----------(1.18) -- - Acquisition-related costs ----------- 0.12 0.05 - - Acquisition-related contingent consideration, compensation and amortization expenses/(benefit) ----------- 0.02 (0.08) 0.37 - Dividends on Series A preferred stock ------------ 0.27 0.35 - Net income attributable to Series A preferred stock to apply if-converted method ------------- 0.09 - Direct and incremental Series A preferred stock issuance costs ------------ 0.20 - - Assumed impact of potential conversion of Series A preferred stock into common stock ------------ 0.80 (0.08) - COVID-19 related costs ------------ 0.46 0.09 - Uncertain tax positions ------------- 0.13 - Tax effect of adjustments (0.03) (0.23) (0.05) -(0.06) 0.01 -(0.05) 0.00 (0.09) (0.12) 0.09 (1.25) (0.22) - One-time tax items ---------(0.80) ---- Adjusted diluted net income/(loss) per share (non-GAAP) (4) 0.84 $ 1.07 $ 1.42 $ 1.64 $ 1.88 $ 2.10 $ 1.97 $ 2.37 $ 2.83 $ 2.60 $ 2.51 $ 2.61 $ (1.49) $ 2.13 $ Fiscal Year The Cheesecake Factory Incorporated Reconciliation of Non-GAAP Financial Measures ($ in thousands, except per share data)

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Non-GAAP Reconciliation (1) The excess tax benefit related to stock options exercised is no longer reclassified from cash flows from operating activities to cash flows from financing activities in the consolidated statements of cash flows. The consolidated statements of cash flows for fiscal 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009 and 2008 have been adjusted to conform to the current year presentation. 27 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cash flow from operations (1) 170 $ 200 $ 170 $ 197 $ 198 $ 213 $ 249 $ 248 $ 316 $ 239 $ 291 $ 219 $ 3 $ 213 $ Capital expenditures / investments 85 37 42 77 86 106 114 154 158 139 128 99 50 67 Free cash flow 85 $ 163 $ 128 $ 120 $ 112 $ 107 $ 135 $ 94 $ 158 $ 100 $ 163 $ 120 $ (47) $ 146 $ Fiscal Year The Cheesecake Factory Incorporated Reconciliation of Non-GAAP Financial Measures ($ in millions)

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