-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, B/XK/+Trk+UEcXkBqoawnGiMWI13psPUIYSsO9zX7blLyemBiPqTS4y0wSOkGw6c ZaNnKd/RxsRUZaLmEhq5lA== 0001179110-03-010024.txt : 20031104 0001179110-03-010024.hdr.sgml : 20031104 20031104201134 ACCESSION NUMBER: 0001179110-03-010024 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20031031 FILED AS OF DATE: 20031104 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: OVERTON DAVID CENTRAL INDEX KEY: 0000902162 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-20574 FILM NUMBER: 03977672 BUSINESS ADDRESS: STREET 1: 26950 AGOURA RD CITY: CALABASAS HILLS STATE: CA ZIP: 91301 BUSINESS PHONE: 8188713000 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: CHEESECAKE FACTORY INCORPORATED CENTRAL INDEX KEY: 0000887596 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 510340466 STATE OF INCORPORATION: DE FISCAL YEAR END: 1229 BUSINESS ADDRESS: STREET 1: 26950 AGOURA RD CITY: CALABASAS HILLS STATE: CA ZIP: 91301 BUSINESS PHONE: 8188809323 MAIL ADDRESS: STREET 1: 26950 AGOURA RD STREET 2: 26950 AGOURA RD CITY: CALABASAS HILLS STATE: CA ZIP: 91301 4 1 edgar.xml FORM 4 - X0201 4 2003-10-31 0 0000887596 CHEESECAKE FACTORY INCORPORATED CAKE 0000902162 OVERTON DAVID 26950 AGOURA ROAD CALABASAS HILLS CA 91301 1 1 0 0 Chairman and C.E.O. Common Stock 2810166 D Common Stock 2003-10-31 4 M 0 30000 5.37 A 73425 I By Spouse Common Stock 2003-10-31 4 S 0 30000 39.96 D 43425 I By Spouse Common Stock 2003-11-03 4 M 0 16875 4.44 A 60300 I By Spouse Common Stock 2003-11-03 4 S 0 10000 39.95 D 50300 I By Spouse Common Stock 2003-11-03 4 S 0 10000 40.05 D 40300 I By Spouse Common Stock 2003-11-03 4 M 0 3750 5.37 A 44050 I By Spouse Common Stock 2003-11-03 4 S 0 10000 40.15 D 34050 I By Spouse Common Stock 2003-11-03 4 M 0 16875 6.37 A 50925 I By Spouse Common Stock 2003-11-03 4 S 0 10000 40.25 D 40925 I By Spouse Common Stock 2003-11-03 4 M 0 6750 8.00 A 47675 I By Spouse Common Stock 2003-11-03 4 S 0 10000 40.35 D 37675 I By Spouse Common Stock 2003-11-03 4 M 0 9000 9.58 A 46675 I By Spouse Common Stock 2003-11-03 4 S 0 7500 40.65 D 39175 I By Spouse Common Stock 2003-11-03 4 M 0 6750 12.72 A 45925 I By Spouse Common Stock 2003-11-03 4 M 0 3000 24.46 A 48925 I By Spouse Common Stock 2003-11-03 4 M 0 1500 33.83 A 50425 I By Spouse Common Stock 2003-11-03 4 S 0 7000 40.85 D 43425 I By Spouse Options to Purchase (Right to Buy) 8.00 2003-01-23 2008-01-23 Common Stock 13500 13500 D Options to Purchase (Right to Buy) 12.72 2003-01-31 2010-01-31 Common Stock 22500 36000 D Options to Purchase (Right to Buy) 16.31 2003-04-14 2010-04-14 Common Stock 22500 58500 D Options to Purchase (Right to Buy) 33.60 2012-02-27 Common Stock 50000 108500 D Options to Purchase (Right to Buy) 30.00 2013-02-06 Common Stock 65000 173500 D Options to Purchase (Right to Buy) 5.37 2003-10-31 4 M 0 30000 0.00 D 2001-12-31 2006-12-31 Common Stock 30000 3750 I By Spouse Options to Purchase (Right to Buy) 5.37 2003-11-03 4 M 0 3750 0.00 D 2001-12-31 2006-12-31 Common Stock 3750 0 I By Spouse Options to Purchase (Right to Buy) 4.44 2003-11-03 4 M 0 16875 0.00 D 1999-01-06 2005-01-06 Common Stock 16875 0 I By Spouse Options to Purchase (Right to Buy) 6.37 2003-11-03 4 M 0 16875 0.00 D 2000-12-29 2005-12-29 Common Stock 16875 0 I By Spouse Options to Purchase (Right to Buy) 8.00 2003-11-03 4 M 0 6750 0.00 D 2003-01-23 2008-01-23 Common Stock 6750 0 I By Spouse Options to Purchase (Right to Buy) 9.58 2003-11-03 4 M 0 9000 0.00 D 2003-01-14 2009-01-14 Common Stock 9000 0 I By Spouse Options to Purchase (Right to Buy) 12.72 2003-11-03 4 M 0 6750 0.00 D 2003-01-31 2010-01-31 Common Stock 6750 0 I By Spouse Options to Purchase (Right to Buy) 24.46 2003-11-03 4 M 0 3000 0.00 D 2003-01-02 2011-01-02 Common Stock 3000 0 I By Spouse Options to Purchase (Right to Buy) 33.83 2003-11-03 4 M 0 1500 0.00 D 2003-01-29 2012-01-29 Common Stock 1500 0 I By Spouse This form is being filed for reporting purposes only. Mr. Overton disclaims any beneficial ownership of shares and options to purchase reported by his spouse. Options vest 20% per year beginning 1/29/03. Options vest 20% per year beginning 2/06/04. /s/ Jane Vallaire, Attorney-in-Fact 2003-11-04 EX-24 3 exhibit24.txt POWER OF ATTORNEY EXHIBIT 24 POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of Debby Zurzolo and Jane Vallaire, signing singly, the undersigned's true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of The Cheesecake Factory Incorporated (the "Company"), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder. (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 and 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do it personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in- fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, and of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transaction in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 9th day of September, 2002. /s/ David Overton Signature David Overton Print Name 2 -----END PRIVACY-ENHANCED MESSAGE-----