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):
June 1, 2011
THE CHEESECAKE FACTORY INCORPORATED
(Exact Name of Registrant as Specified in its Charter)
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Delaware |
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0-20574 |
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51-0340466 |
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(State or other jurisdiction |
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(Commission File Number) |
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(IRS Employer Identification |
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 (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14.d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
ITEM 5.07 SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
The Cheesecake Factory Incorporated (“Company”) held its Annual Meeting of Stockholders on June 1, 2011. The results of the vote taken for each proposal are as follows:
Proposal 1: Election of Directors
|
Name |
For |
Against |
Abstain |
Broker Non-Votes |
|
David Overton |
48256676 |
2149082 |
22166 |
5231325 |
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Allen J. Bernstein |
48584362 |
1831762 |
11800 |
5231325 |
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Alexander L. Cappello |
48818333 |
1597530 |
12061 |
5231325 |
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Thomas L. Gregory |
48541352 |
1874376 |
12196 |
5231325 |
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Jerome I. Kransdorf |
48414933 |
2001306 |
11685 |
5231325 |
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David B. Pittaway |
48722111 |
1693595 |
12218 |
5231325 |
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Herbert Simon |
50119140 |
291660 |
17124 |
5231325 |
Proposal 2: Amendment to 2010 Stock Incentive Plan to Increase Authorized Shares
|
For |
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Against |
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Abstain |
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Broker Non-Votes |
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|
31044157 |
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19336543 |
|
47224 |
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5231325 |
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Proposal 3: Ratification of Selection of Independent Registered Public Accounting Firm for Fiscal Year 2011, ending January 3, 2012
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For |
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Against |
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Abstain |
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|
|
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55269762 |
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363902 |
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25585 |
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|
|
Proposal 4: Nonbinding, Advisory Vote on Executive Compensation
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For |
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Against |
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Abstain |
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Broker Non-Votes |
|
|
45116395 |
|
4479005 |
|
832524 |
|
5231325 |
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Proposal 5: Nonbinding, Advisory Vote on the Frequency of the Stockholder Advisory Vote on Executive Compensation
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1 year |
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2 years |
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3 years |
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Abstain |
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Broker Non- |
|
|
29033275 |
|
1979693 |
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18364718 |
|
1050238 |
|
5231325 |
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The Board of Directors intends to take into consideration the advisory vote of the stockholders on Proposal 5.
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.
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Date: June 6, 2011 |
THE CHEESECAKE FACTORY | |
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By: |
/s/ W. Douglas Benn |
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W. Douglas Benn |
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Executive Vice President and Chief Financial |