| 2.1 |
Form of Reorganization Agreement (1) |
| 3.1 |
Certificate of Incorporation of the Company (1) |
| 3.2 |
Bylaws of the Company (2) |
| 3.3 |
Certificate of Designation of Series A Junior Participating Cumulative Preferred Stock, $.01 par value (3) |
| 3.4 |
Form of Rights Agreement dated as of August 4, 1998 between the Company and U.S. Stock |
| |
Transfer Corporation (3) |
| 3.5 |
Amendment No. 1 to Rights Agreement dated as of November 4, 2003 between The Cheesecake Factory |
| |
Incorporated and U.S. Stock Transfer Corporation (4) |
| 10.1 |
David Overton Employment Agreement (1) |
| 10.2 |
Gerald Deitchle Employment Agreement (5) |
| 10.3 |
The Cheesecake Factory Incorporated 1992 Performance Employee Stock Option Plan (1) |
| 10.4 |
Performance Incentive Plan (1) |
| 10.6 |
The Cheesecake Factory Incorporated Non-Employee Director Stock Option Plan (6) |
| 10.7 |
David Overton Employment Contract (7) |
| 10.9 |
Amendment to The Cheesecake Factory Incorporated 1992 Performance Employee Stock Option Plan (8) |
| 10.10 |
Debby R. Zurzolo Employment Agreement (9) |
| 10.11 |
2001 Stock Option Plan (10) |
| 10.12 |
Peter J. D'Amelio Employment Agreement (11) |
| 10.13 |
Credit Facility (12) |
| 10.14 |
The Cheesecake Factory Incorporated Year 2000 Performance Stock Option Plan (13) |
| 10.15 |
Amendment No.1 to The Cheesecake Factory Incorporated Year 2000 Performance Stock Option Plan (14) |
| 10.16 |
Amendment No.2 to The Cheesecake Factory Incorporated Year 2000 Performance Stock Option Plan (15) |
| 10.17 |
Amendment No.3 to The Cheesecake Factory Incorporated Year 2000 Performance Stock Option Plan (16) |
| 10.18 |
Executive Savings Plan |
| 10.19 |
First Amendment to Executive Savings Plan |
| 10.20 |
Second Amendment to Executive Savings Plan |
| 10.21 |
Third Amendment to Executive Savings Plan |
| 10.22 |
Form of Indemnification Agreement |
| 11.0 |
Statement Regarding Computation of Net Income Per Share |
| 14.0 |
Code of Ethics for Senior Financial Officers |
| 21.0 |
Subsidiaries of the Company |
| 23.0 |
Consent of Independent Accountants |
| 31.1 |
Rule 13a-14(a)/15d-14(a) Certification of the Chief Executive Officer |
| 31.2 |
Rule 13a-14(a)/15d-14(a) Certification of the Chief Financial Officer |
| 32.1 |
Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the |
| |
Sarbanes-Oxley Act of 2002 for David Overton |
| 32.2 |
Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the |
| |
Sarbanes-Oxley Act of 2002 for Michael J. Dixon |
|
| (1) |
Previously filed and incorporated by reference herein from the Registrant's Registration Statement on |
| |
Form S-1 (No. 33-47936). |
| (2) |
Previously filed and incorporated by reference herein from the Registrant's Form 10-Q for the quarterly |
| |
period ended September 30, 2003. |
| (3) |
Previously filed and incorporated by reference herein from the Registrant's Form 8-A dated August 19, 1998. |
| (4) |
Previously filed and incorporated by reference herein from the Registrant's post-effective amendment No. 1 |
| |
to its registration statement on Form 8-A. |
| (5) |
Previously filed and incorporated by reference herein from the Registrant's Form 10-K for the fiscal year |
| |
ended December 29, 1996. |
| (6) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated August 8, 1997. |
| (7) |
Previously filed and incorporated by reference herein from the Registrant's Form 10-Q for the quarterly |
| |
period ended June 30, 1998. |
| (8) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated January 8, 1999. |
| (9) |
Previously filed and incorporated by reference herein from the Registrant's Form 10-Q for the quarterly |
| |
period ended June 29, 1999. |
| (10) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated July 3, 2001.
|
| (11) |
Previously filed and incorporated by reference herein from the Registrant's Form 10-Q for the quarterly
period ended July 1, 2003.
|
| (12) |
Previously filed and incorporated by reference herein from the Registrant's Form 8-K dated February 11, 2004.
|
| (13) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated April 5, 2000.
|
| (14) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated January 3, 2001.
|
| (15) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated April 25, 2002.
|
| (16) |
Previously filed and incorporated by reference herein from the Registrant's Form S-8 dated December 6, 2002.
|
