Unregistered Sales of Equity Securities and Use of Proceeds.
−Removed: The following table presents our purchases of our common stock during the fiscal quarter ended June 29, 2021:
+Added: The following table presents our purchases of our common stock during the fiscal quarter ended September 28, 2021:
Total Number of
9 unchanged sentences
Paid per Share
−Removed: March 31 — May 4, 2021
−Removed: May 5 — June 1, 2021
−Removed: June 2 — June 29, 2021
+Added: June 30 — August 3, 2021
+Added: August 4 — August 31, 2021
+Added: September 1 — September 28, 2021
(1) The total number of shares purchased represents shares withheld upon vesting of restricted share awards to satisfy tax withholding obligations.
−Removed: Under authorization by our Board to repurchase up to 56.0 million shares of our common stock, we have cumulatively repurchased 53.1 million shares at a total cost of $1,701.3 million through June 29, 2021 with 10,239 shares repurchased at a cost of $0.6 million during the second quarter of fiscal 2021 to satisfy tax withholding obligations on vested restricted share awards.
+Added: Under authorization by our Board to repurchase up to 56.0 million shares of our common stock, we have cumulatively repurchased 53.1 million shares at a total cost of $1,702.0 million through September 28, 2021 with 14,542 shares repurchased at a cost of $0.7 million during the third quarter of fiscal 2021 to satisfy tax withholding obligations on vested restricted share awards.
Our share repurchase authorization does not have an expiration date, does not require us to purchase a specific number of shares and may be modified, suspended or terminated at any time.
5 unchanged sentences
Filed with SEC
−Removed: Underwriting Agreement, dated as of June 10, 2021, between The Cheesecake Factory Incorporated and the representative underwriters named therein, related to the issuance and sale of common stock
−Removed: Underwriting Agreement, dated as of June 10, 2021, between The Cheesecake Factory Incorporated and the representative underwriters named therein, related to the issuance and sale of 0.375% Convertible Senior Notes due 2026
−Removed: Second Amendment to Membership Interest Purchase Agreement, dated as of June 1, 2021, by and among The Cheesecake Factory Restaurants, Inc., Fox Restaurant Concepts LLC, and SWF Posse LLC, as Seller’s representative#†
−Removed: Filed herewith
Restated Certificate of Incorporation of The Cheesecake Factory Incorporated
6 unchanged sentences
Form of certificate representing the 0.375% Convertible Senior Notes due 2026 (included as Exhibit A to Exhibit 4.2)
−Removed: Repurchase Agreement, dated as of June 10, 2021, among The Cheesecake Factory Incorporated and RC CAKE 1 LLC, RC CAKE 2 LLC AND RC CAKE 3 LLC
−Removed: Conversion Agreement, dated as of June 10, 2021, between The Cheesecake Factory Incorporated and RC CAKE HOLDINGS LLC
Rule 13a-14(a)/15d-14(a) Certification of the Principal Executive Officer
8 unchanged sentences
Filed herewith
−Removed: Incorporated by
−Removed: Reference from
−Removed: Exhibit Number
−Removed: Filed with SEC
−Removed: The following materials from The Cheesecake Factory Incorporated’s Quarterly Report on Form 10-Q for the quarter ended June 29, 2021, formatted in Inline eXtensible Business Reporting Language (iXBRL):
+Added: The following materials from The Cheesecake Factory Incorporated’s Quarterly Report on Form 10-Q for the quarter ended September 28, 2021, formatted in Inline eXtensible Business Reporting Language (iXBRL):
(i) condensed consolidated balance sheets, (ii) condensed consolidated statements of income, (iii) condensed consolidated statements of comprehensive income, (iv) condensed consolidated statement of stockholders’ equity, (v) condensed consolidated statements of cash flows, and (vi) the notes to the condensed consolidated financial statements
Filed herewith
−Removed: The cover page of The Cheesecake Factory Incorporated’s Quarterly Report on Form 10-Q for the quarter ended June 29, 2021, formatted in iXBRL (included with Exhibit 101.1)
+Added: The cover page of The Cheesecake Factory Incorporated’s Quarterly Report on Form 10-Q for the quarter ended September 28, 2021, formatted in iXBRL (included with Exhibit 101.1)
Filed herewith
−Removed: * The schedules (or similar attachments) to this exhibit have been omitted from this filing pursuant to Item 601(a)(5) of Regulation S-K.
−Removed: The Company will furnish copies of any such schedules or similar attachments) to the SEC upon request.
−Removed: † Certain confidential information contained in this agreement has been omitted because it is both material and is the type that the Company treats as private or confidential.
−Removed: # Management contract or compensatory plan or arrangement required to be filed as an exhibit.
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 thereunto duly authorized.
−Removed: August 4, 2021
+Added: November 4, 2021
THE CHEESECAKE FACTORY INCORPORATED
7 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.