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 April 4, 2023 (in thousands, except per share data):
+Added: The following table presents our purchases of our common stock during the fiscal quarter ended July 4, 2023 (in thousands, except per share data):
Total Number of
9 unchanged sentences
Paid per Share (2)
−Removed: January 4 — February 7, 2023
−Removed: February 8 — March 7, 2023
−Removed: March 8 — April 4, 2023
+Added: April 5 — May 9, 2023
+Added: May 10 — June 6, 2023
+Added: June 7 — July 4, 2023
(1) The total number of shares purchased includes 10,683 shares withheld upon vesting of restricted share awards to satisfy tax withholding obligations.
−Removed: Under authorization by our Board to repurchase up to 61.0 million shares of our common stock, we have cumulatively repurchased 55.5 million shares at a total cost of $1,778.0 million through April 4, 2023 with 0.3 million shares repurchased at a cost of $12.4 million during the first quarter of fiscal 2023.
+Added: (2) The dollar value of shares repurchased excludes excise tax due under the Inflation Reduction Act of 2022.
+Added: Under authorization by our Board to repurchase up to 61.0 million shares of our common stock, we have cumulatively repurchased 55.8 million shares at a total cost of $1,787.3 million, excluding excise tax, through July 4, 2023 with 0.3 million shares repurchased at a cost of $9.3 million, excluding excise tax, during the second quarter of fiscal 2023.
Our share repurchase program 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.
1 unchanged sentence
(See Note 8 of Notes to Condensed Consolidated Financial Statements in Part I, Item 1 of this report for further discussion of our repurchase authorization.)
−Removed: Incorporated by
−Removed: Reference from
−Removed: Exhibit Number
−Removed: Filed with SEC
−Removed: Restated Certificate of Incorporation of The Cheesecake Factory Incorporated
−Removed: Certificate of Designations of The Cheesecake Factory Incorporated, dated April 20, 2020
−Removed: Bylaws of The Cheesecake Factory Incorporated, amended and restated on October 26, 2022
−Removed: Indenture, dated as of June 15, 2021, between The Cheesecake Factory Incorporated and U.S.
−Removed: Bank National Association, as trustee
−Removed: First Supplemental Indenture, dated as of June 15, 2021, between The Cheesecake Factory Incorporated and U.S.
−Removed: Bank National Association, as trustee
−Removed: Form of certificate representing the 0.375% Convertible Senior Notes due 2026 (included as Exhibit A to Exhibit 4.2)
−Removed: Rule 13a-14(a)/15d-14(a) Certification of the Principal Executive Officer
−Removed: Filed herewith
−Removed: Rule 13a-14(a)/15d-14(a) Certification of the Principal Financial Officer
−Removed: Filed herewith
−Removed: Certification Pursuant to 18 U.S.C.
−Removed: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 of the Principal Executive Officer
−Removed: Filed herewith
−Removed: Certification Pursuant to 18 U.S.C.
−Removed: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 of the Principal Financial Officer
−Removed: Filed herewith
−Removed: The following materials from The Cheesecake Factory Incorporated’s Quarterly Report on Form 10-Q for the quarter ended April 4, 2023, formatted in Inline eXtensible Business Reporting Language (iXBRL):
−Removed: (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
−Removed: Filed herewith
−Removed: The cover page of The Cheesecake Factory Incorporated’s Quarterly Report on Form 10-Q for the quarter ended April 4, 2023, formatted in iXBRL (included with Exhibit 101.1)
−Removed: Filed herewith
−Removed: 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: THE CHEESECAKE FACTORY INCORPORATED
−Removed: /s/ DAVID OVERTON
−Removed: David Overton
−Removed: Chairman of the Board and Chief Executive Officer
−Removed: (Principal Executive Officer)
−Removed: /s/ MATTHEW E.
−Removed: Executive Vice President and Chief Financial Officer
−Removed: (Principal Financial Officer)
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.