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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):  October 23, 2024

 

THE CHEESECAKE FACTORY INCORPORATED

(Exact name of registrant as specified in its charter)

 

Delaware   0-20574   51-0340466
(State or other jurisdiction   (Commission   (IRS Employer
of incorporation)   File Number)   Identification No.)

 

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:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class:   Trading Symbol(s)   Name of each exchange on which registered:
Common Stock, par value $.01 per share   CAKE   The Nasdaq Stock Market LLC

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

 

 

 

 


 

The following information under Item 2.02 of Form 8-K, “Results of Operations and Financial Condition” and Item 7.01 “Regulation FD Disclosure” is intended to be furnished. This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date of this report, regardless of any general incorporation language in the filing.

 

ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

 

In a press release dated October 29, 2024, a copy of which is furnished as Exhibit 99.1 to this report, The Cheesecake Factory Incorporated (the “Company”) reported third quarter fiscal 2024 financial results.

 

ITEM 5.02 DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS

 

(b) On October 24, 2024, Laurence B. Mindel, a member of the Board of Directors of the Company (the “Board”), notified the Board of his intention to retire from the Board, effective immediately. The Board expressed its deep appreciation and sincere thanks for Mr. Mindel’s service on the Board and for his invaluable contributions to the Company.

 

ITEM 7.01 REGULATION FD DISCLOSURE

 

On October 29, 2024, the Company posted an updated Investor Presentation on the Company’s Investor Relations website at investors.thecheesecakefactory.com. A copy of the presentation is furnished as Exhibit 99.2 hereto and is incorporated by reference herein.

 

ITEM 8.01 OTHER EVENTS

 

On October 23, 2024, the Board declared a quarterly cash dividend of $0.27 per share which will be paid on November 26, 2024 to the stockholders of record of each share of the Company’s common stock at the close of business on November 13, 2024. Future decisions to pay or to increase or decrease dividends are at the discretion of the Board and will depend upon operating performance and other factors.

 

ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

 

(d) Exhibits

 

  99.1 Press Release dated October 29, 2024 entitled “The Cheesecake Factory Reports Results for Third Quarter of Fiscal 2024 and Provides Business Update”
  99.2 The Cheesecake Factory Investor Presentation dated October 29, 2024
  104.1 Cover Page Interactive Data File (embedded within the inline XBRL document)

 

 


 

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.

 

Date:    October 29, 2024 THE CHEESECAKE FACTORY INCORPORATED
   
  By: /s/ Matthew E. Clark
    Matthew E. Clark
    Executive Vice President and Chief Financial Officer

 

 

 

EX-99.1 2 tm2426934d1_ex99-1.htm EXHIBIT 99.1

 

Exhibit 99.1

 

 

 

PRESS RELEASE

 

FOR IMMEDIATE RELEASE Contact: Etienne Marcus
  (818) 871-3000
  investorrelations@thecheesecakefactory.com

 

THE CHEESECAKE FACTORY REPORTS RESULTS FOR

THIRD QUARTER OF FISCAL 2024

 

CALABASAS HILLS, Calif. – October 29, 2024 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the third quarter of fiscal 2024, which ended on October 1, 2024.

 

Total revenues were $865.5 million in the third quarter of fiscal 2024 compared to $830.2 million in the third quarter of fiscal 2023. Net income and diluted net income per share were $30.0 million and $0.61, respectively, in the third quarter of fiscal 2024.

 

The Company recorded pre-tax net income of $2.5 million related to impairment of assets and lease termination income and Fox Restaurant Concepts (“FRC”) acquisition-related expenses. Excluding the after-tax impact of these items, adjusted net income and adjusted net income per share for the third quarter of fiscal 2024 were $28.2 million and $0.58, respectively. Please see the Company’s reconciliation of non-GAAP financial measures at the end of this press release.

 

Comparable restaurant sales at The Cheesecake Factory restaurants increased 1.6% year-over-year in the third quarter of fiscal 2024.

 

“The third quarter was our fourth consecutive quarter of year-over-year top- and bottom-line growth, reflecting our strong operational execution, the benefits of our scale, and the delicious, memorable experiences we offer across our restaurant concepts,” said David Overton, Chairman and Chief Executive Officer. “We are capturing market share as evidenced by the continued strong outperformance in comparable sales and traffic at The Cheesecake Factory restaurants versus the broader casual dining industry. Execution within our restaurants was exceptional with our operators delivering significant improvements in labor productivity, hourly staff and manager retention, and guest satisfaction scores.”

 

“We opened four new restaurants during the third quarter and, subsequent to quarter-end, opened three additional restaurants across various concepts for a total of 17 new openings year-to-date. Our ability to execute against our pipeline and successfully expand our restaurant footprint reinforces our confidence in our ability to achieve our near-term and longer-term development objectives. Looking ahead we remain focused on operational excellence, growing profitably and creating long-term, sustainable value into 2025 and beyond.”

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 • Telephone (818) 871-3000

 

 


 

Development

 

During the third quarter of fiscal 2024, the Company opened four new restaurants, including one Flower Child location and three FRC restaurants. Subsequent to quarter-end, the Company opened three new restaurants, including one North Italia, one Flower Child and one Blanco location.

 

The Company continues to expect to open as many as 22 new restaurants in fiscal 2024, including as many as three The Cheesecake Factory restaurants, six North Italia restaurants, six to seven Flower Child locations, and eight FRC restaurants.

 

Liquidity and Capital Allocation

 

As of October 1, 2024, the Company had total available liquidity of $288.7 million, including a cash balance of $52.2 million and availability on its revolving credit facility of $236.5 million. Total principal amount of debt outstanding was $475 million, including $345 million in principal amount of 0.375% convertible senior notes due 2026 and $130 million in principal amount drawn on the Company’s revolving credit facility.

 

The Company repurchased approximately 29,450 shares of its stock at a cost of $1.1 million in the third quarter of fiscal 2024. In addition, the Company’s Board of Directors has declared a quarterly dividend of $0.27 per share to be paid on November 26, 2024, to shareholders of record at the close of business on November 13, 2024.

 

Conference Call and Webcast

 

The Company will hold a conference call to review its results for the third quarter of fiscal 2024 today at 2:00 p.m. Pacific Time. The conference call will be webcast live on the Company’s website at investors.thecheesecakefactory.com and a replay of the webcast will be available through November 28, 2024.

 

About The Cheesecake Factory Incorporated

 

The Cheesecake Factory Incorporated is a leader in experiential dining. We are culinary forward and relentlessly focused on hospitality. Delicious, memorable experiences created by passionate people – this defines who we are and where we are going. We currently own and operate 344 restaurants throughout the United States and Canada under brands including The Cheesecake Factory®, North Italia®, Flower Child® and a collection of other FRC brands. Internationally, 34 The Cheesecake Factory® restaurants operate under licensing agreements. Our bakery division operates two facilities that produce quality cheesecakes and other baked products for our restaurants, international licensees and third-party bakery customers. In 2024, we were named to the FORTUNE Magazine “100 Best Companies to Work For®” list for the eleventh consecutive year. To learn more, visit www.thecheesecakefactory.com, www.northitalia.com, www.iamaflowerchild.com and www.foxrc.com.

 

From Fortune. ©2024 Fortune Media IP Limited. All rights reserved. Used under license. Fortune® and Fortune 100 Best Companies to Work For® are registered trademarks of Fortune Media IP Limited and are used under license. Fortune and Fortune Media IP Limited are not affiliated with, and do not endorse products or services of, The Cheesecake Factory Incorporated.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 • Telephone (818) 871-3000

 

 


 

Safe Harbor Statement

 

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, as codified in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements include, without limitation, statements regarding the Company’s operations, growth, digital strategies and other objectives. Such forward-looking statements include all other statements that are not historical facts, as well as statements that are preceded by, followed by or that include words or phrases such as “believe,” “plan,” “will likely result,” “expect,” “intend,” “will continue,” “is anticipated,” “estimate,” “project,” “may,” “could,” “would,” “should” and similar expressions. These statements are based on current expectations and involve risks and uncertainties which may cause results to differ materially from those set forth in such statements. Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements. These forward-looking statements may be affected by various factors including: economic, public health and political conditions that impact consumer confidence and spending, including interest rate fluctuations, periods of heightened inflation and market instability, and armed conflicts; supply chain disruptions; demonstrations, political unrest, potential damage to or closure of the Company’s restaurants and potential reputational damage to the Company or any of its brands; pandemics and related containment measures, including the potential for quarantines or restriction on in-person dining; acceptance and success of The Cheesecake Factory in international markets; acceptance and success of North Italia, Flower Child and Other Fox Restaurant Concepts restaurants; the risks of doing business abroad through Company-owned restaurants and/or licensees; foreign exchange rates, tariffs and cross border taxation; changes in unemployment rates; increases in minimum wages and benefit costs; the economic health of the Company’s landlords and other tenants in retail centers in which its restaurants are located, and the Company’s ability to successfully manage its lease arrangements with landlords; the economic health of suppliers, licensees, vendors and other third parties providing goods or services to the Company; the timing of new unit development and related permitting; compliance with debt covenants; strategic capital allocation decisions including with respect to share repurchases or dividends; the ability to achieve projected financial results; the resolution of uncertain tax positions with the Internal Revenue Service and the impact of tax reform legislation; changes in laws impacting the Company’s business; adverse weather conditions in regions in which the Company’s restaurants are located; factors that are under the control of government agencies, landlords and other third parties; the risks, costs and uncertainties associated with opening new restaurants; and other risks and uncertainties detailed from time to time in the Company’s filings with the Securities and Exchange Commission (“SEC”). Forward-looking statements speak only as of the dates on which they are made, and the Company undertakes no obligation to publicly update or revise any forward-looking statements or to make any other forward-looking statements, whether as a result of new information, future events or otherwise, unless required to do so by law. Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements and the discussion of risk factors contained in the Company’s latest Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K as filed with the SEC, which are available at www.sec.gov.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 • Telephone (818) 871-3000

 

 


 

The Cheesecake Factory Incorporated
Condensed Consolidated Financial Statements
(unaudited; in thousands, except per share and statistical data)

 

    13 Weeks Ended     13 Weeks Ended     39 Weeks Ended     39 Weeks Ended  
Consolidated Statements of Income   October 1, 2024     October 3, 2023     October 1, 2024     October 3, 2023  
    Amount     Percent of
Revenues
    Amount     Percent of
Revenues
    Amount     Percent of
Revenues
    Amount     Percent of
Revenues
 
Revenues   $ 865,471       100.0 %   $ 830,210       100.0 %   $ 2,660,736       100.0 %   $ 2,562,494       100.0 %
Costs and expenses:                                                                
Food and beverage costs     195,306       22.6 %     194,733       23.5 %     600,253       22.6 %     602,051       23.5 %
Labor expenses     310,939       35.9 %     301,663       36.3 %     949,151       35.7 %     919,340       35.9 %
Other operating costs and expenses     239,470       27.7 %     229,534       27.6 %     712,108       26.9 %     687,459       26.7 %
General and administrative expenses     56,204       6.5 %     54,209       6.5 %     170,954       6.4 %     162,766       6.4 %
Depreciation and amortization expenses     25,299       2.9 %     22,837       2.8 %     75,015       2.8 %     69,124       2.7 %
Impairment of assets and lease terminations (income)/expense     (3,472 )     (0.4 )%     48       0.0 %     (1,577 )     (0.1 )%     1,637       0.1 %
Acquisition-related contingent consideration, compensation and amortization expenses     1,020       0.1 %     1,414       0.2 %     3,287       0.1 %     3,890       0.2 %
Preopening costs     7,005       0.8 %     6,742       0.8 %     19,860       0.7 %     15,800       0.6 %
Total costs and expenses     831,771       96.1 %     811,180       97.7 %     2,529,051       95.1 %     2,462,067       96.1 %
Income from operations     33,700       3.9 %     19,030       2.3 %     131,685       4.9 %     100,427       3.9 %
Interest and other (expense)/income, net     (1,865 )     (0.2 )%     (2,027 )     (0.3 )%     (5,974 )     (0.2 )%     (6,069 )     (0.2 )%
Income before income taxes     31,835       3.7 %     17,003       2.0 %     125,711       4.7 %     94,358       3.7 %
Income tax provision/(benefit)     1,841       0.2 %     (942 )     (0.2 )%     10,082       0.4 %     5,688       0.2 %
Net income   $ 29,994       3.5 %   $ 17,945       2.2 %   $ 115,629       4.3 %   $ 88,670       3.5 %
                                                                 
Basic net income per share   $ 0.63             $ 0.37             $ 2.42             $ 1.83          
Basic weighted average shares outstanding     47,750               48,281               47,734               48,489          
                                                                 
Diluted net income per share   $ 0.61             $ 0.37             $ 2.37             $ 1.80          
Diluted weighted average shares outstanding     48,946               48,985               48,751               49,197          

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 • Telephone (818) 871-3000

 

 


 

    13 Weeks Ended     13 Weeks Ended     39 Weeks Ended     39 Weeks Ended  
Selected Segment Information   October 1, 2024     October 3, 2023     October 1, 2024     October 3, 2023  
Revenues:                                
The Cheesecake Factory restaurants   $ 647,754     $ 628,140     $ 1,992,245     $ 1,936,621  
North Italia     71,878       62,417       218,266       191,654  
Other FRC     66,984       58,642       214,850       193,010  
Other     78,855       81,011       235,375       241,209  
Total   $ 865,471     $ 830,210     $ 2,660,736     $ 2,562,494  
                                 
Income/(loss) from operations:                                
The Cheesecake Factory restaurants   $ 87,822     $ 67,637     $ 274,928     $ 231,700  
North Italia     4,408       4,081       13,085       15,314  
Other FRC     (1,372 )     1,036       8,510       15,826  
Other     (57,158 )     (53,724 )     (164,838 )     (162,413 )
Total   $ 33,700     $ 19,030     $ 131,685     $ 100,427  
                                 
Depreciation and amortization expenses:                                
The Cheesecake Factory restaurants   $ 16,142     $ 15,702     $ 49,242     $ 47,955  
North Italia     2,360       1,578       6,653       4,713  
Other FRC     3,031       1,891       8,246       5,627  
Other     3,766       3,666       10,874       10,829  
Total   $ 25,299     $ 22,837     $ 75,015     $ 69,124  
                                 
Impairment of assets and lease termination (income)/expenses:                                
The Cheesecake Factory restaurants   $ (3,858 )   $ 29     $ (1,732 )     160  
North Italia     -       -       -       -  
Other FRC     -       -       -       55  
Other     386       19       155       1,422  
Total   $ (3,472 )   $ 48     $ (1,577 )   $ 1,637  
                                 
Preopening costs:                                
The Cheesecake Factory restaurants   $ 1,483     $ 3,861     $ 5,615     $ 8,401  
North Italia     1,765       1,068       5,179       2,132  
Other FRC     2,900       1,764       6,810       4,483  
Other     857       49       2,256       784  
Total   $ 7,005     $ 6,742     $ 19,860     $ 15,800  

 

    13 Weeks Ended     13 Weeks Ended     39 Weeks Ended     39 Weeks Ended  
The Cheesecake Factory restaurants operating information:   October 1, 2024     October 3, 2023     October 1, 2024     October 3, 2023  
Comparable restaurant sales vs. prior year     1.6 %     2.4 %     0.8 %     3.2 %
Restaurants opened during period     -       2       1       3  
Restaurants open at period-end     215       213       215       213  
Restaurant operating weeks     2,804       2,756       8,419       8,227  
                                 
North Italia operating information:                                
Comparable restaurant sales vs. prior year     2 %     8 %     2 %     8 %
Restaurants opened during period     -       -       3       -  
Restaurants open at period-end     39       33       39       33  
Restaurant operating weeks     507       429       1,486       1,287  
                                 
Other Fox Restaurant Concepts (FRC) operating information:(1)                                
Restaurants opened during period     3       -       6       3  
Restaurants open at period-end     46       37       46       37  
Restaurant operating weeks     575       481       1,654       1,394  
                                 
Other operating information:(2)                                
Restaurants opened during period     1       -       4       1  
Restaurants open at period-end     41       40       41       40  
Restaurant operating weeks     526       520       1,475       1,555  
                                 
Number of company-owned restaurants:                                
The Cheesecake Factory     215                          
North Italia     39                          
Other FRC     46                          
Other     41                          
Total     341                          
                                 
Number of international-licensed restaurants:                                
The Cheesecake Factory     34                          

 

(1) The Other FRC segment includes all FRC brands except Flower Child.

(2) The Other segment includes the Flower Child, Grand Lux Cafe and Social Monk Asian Kitchen concepts, as well as the Company's third-party bakery, international and consumer packaged goods businesses, unallocated corporate expenses and gift card costs.

 

Selected Consolidated Balance Sheet Information   October 1, 2024     January 2, 2024  
Cash and cash equivalents   $ 52,215     $ 56,290  
Long-term debt, net of issuance costs (1)     471,558       470,047  

 

(1) Includes $341.6 million net balance of 0.375% convertible senior notes due 2026 (principal amount of $345 million less $3.4 million in unamortized issuance costs) and $130 million drawn on the Company's revolving credit facility. The unamortized issuance costs were recorded as a contra-liability and netted with long-term debt on the Condensed Consolidated Balance Sheet and are being amortized as interest expense.

 

 

26901 Malibu Hills Road, Calabasas Hills, CA 91301 • Telephone (818) 871-3000

 

 


 

Reconciliation of Non-GAAP Results to GAAP Results

 

In addition to the results provided in accordance with accounting principles generally accepted in the United States of America (“GAAP”) in this press release, the Company is providing non-GAAP measurements which present net income and net income per share excluding the impact of certain items. The non-GAAP measurements are intended to supplement the presentation of the Company’s financial results in accordance with GAAP. These non-GAAP measures are calculated by eliminating from net income and diluted net income per share the impact of items the Company does not consider indicative of its ongoing operations. The Company uses these non-GAAP financial measures for financial and operational decision-making and as a means to evaluate period-to-period comparisons.

 

The Cheesecake Factory Incorporated
Reconciliation of Non-GAAP Financial Measures
(unaudited; in thousands, except per share data)

 

    13 Weeks Ended     13 Weeks Ended     39 Weeks Ended     39 Weeks Ended  
    October 1, 2024     October 3, 2023     October 1, 2024     October 3, 2023  
Net income (GAAP)   $ 29,994     $ 17,945     $ 115,629     $ 88,670  
Impairment of assets and lease termination (income)/expenses(1)     (3,472 )     48       (1,577 )     1,637  
Acquisition-related contingent consideration,
compensation and amortization expenses(2)
    1,020       1,414       3,287       3,890  
Tax effect of adjustments(3)     638       (380 )     (445 )     (1,437 )
Adjusted net income (non-GAAP)   $ 28,180     $ 19,027     $ 116,894     $ 92,760  
                                 
Diluted net income per share (GAAP)   $ 0.61     $ 0.37     $ 2.37     $ 1.80  
Impairment of assets and lease termination (income)/expenses     (0.07 )     0.00       (0.03 )     0.03  
Acquisition-related contingent consideration,
compensation and amortization expenses
    0.02       0.03       0.07       0.08  
Tax effect of adjustments     0.01       (0.01 )     (0.01 )     (0.03 )
Adjusted net income per share (non-GAAP)(4)   $ 0.58     $ 0.39     $ 2.40     $ 1.89  

 

(1) A detailed breakdown of impairment of assets and lease termination (income)/expenses recorded in the thirteen and thirty-nine weeks ended October 1, 2024 and October 3, 2023 can be found in the Selected Segment Information table.

(2) Represents changes in the fair value of the deferred consideration and contingent consideration and compensation liabilities related to the North Italia and FRC acquisition, as well as amortization of acquired definite-lived licensing agreements.

(3) Based on the federal statutory rate and an estimated blended state tax rate, the tax effect on all adjustments assumes a 26% tax rate for the fiscal 2024 and 2023 periods.

(4) Adjusted net income per share may not add due to rounding.

 

 

 

 

EX-99.2 3 tm2426934d1_ex99-2.htm EXHIBIT 99.2
Exhibit 99.2

GRAPHIC

INVESTOR PRESENTATION October 29, 2024


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SAFE HARBOR STATEMENT 2 This presentation contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with respect to expectations of the Company’s future financial condition, results of operations, cash flows, potential price increases, plans, targets, goals, objectives, performance, growth potential, engines and opportunities and expected growth rates and targets; long-term outlook; industry-leading comparable sales growth, retention and competitive position; quality control and supply chain efficiencies; operational execution and retention; annualized average unit volume; the Company’s differentiation and strong foothold in the off-premise channel; the opportunity for additional domestic and foreign locations and licensees and territories; target returns for new restaurant openings; international expansion; North Italia and Fox Restaurant Concepts (“FRC”) as growth drivers and FRC as an incubation engine; new restaurant targeted ranges and unit growth rates. Such forward-looking statements include all other statements that are not historical facts, as well as statements that are preceded by, followed by or that include words or phrases such as “believe,” “plan,” “will likely result,” “expect,” “intend,” “will continue,” “is anticipated,” “estimate,” “project,” “may,” “could,” “would,” “should” and similar expressions. These statements are based on current expectations and involve risks and uncertainties which may cause results to differ materially from those set forth in such statements. Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements. These forward-looking statements may be affected by various factors including: economic, public health and political conditions that impact consumer confidence and spending, including changes in interest rates, periods of heightened inflation and market instability, and armed conflicts; supply chain disruptions; demonstrations, political unrest, potential damage to or closure of our restaurants and potential reputational damage to us or any of our brands; pandemics and related containment measures, including the potential for quarantines or restriction on in-person dining; acceptance and success of The Cheesecake Factory in international markets; acceptance and success of North Italia and the FRC concepts; the risks of doing business abroad through Company-owned restaurants and/or licensees; foreign exchange rates, tariffs and cross border taxation; changes in unemployment rates; increases in minimum wages and benefit costs; the economic health of our landlords and other tenants in retail centers in which our restaurants are located, and our ability to successfully manage our lease arrangements with landlords; the economic health of suppliers, licensees, vendors and other third parties providing goods or services to us; the timing of our new unit development and related permitting; compliance with debt covenants; strategic capital allocation decisions including with respect to share repurchases or dividends; the ability to achieve projected financial results; the resolution of uncertain tax positions with the Internal Revenue Service and the impact of tax reform legislation; changes in laws impacting our business; adverse weather conditions in regions in which our restaurants are located; factors that are under the control of government agencies, landlords and other third parties; the risks, costs and uncertainties associated with opening new restaurants; and other risks and uncertainties detailed from time to time in the Company’s filings with the Securities and Exchange Commission (“SEC”). Forward-looking statements speak only as of the dates on which they are made and the Company undertakes no obligation to publicly update or revise any forward-looking statements or to make any other forward-looking statements, whether as a result of new information, future events or otherwise, unless required to do so by law. Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements and the discussion of risk factors contained in the Company’s latest Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K as filed with the SEC, which are available at www.sec.gov.


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COMPANY OVERVIEW


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INVESTMENT HIGHLIGHTS 4 • Experiential dining category leader with diversified growth engines • Best-in-class operational execution and industry-leading retention • Significant growth opportunities driving one of the highest expected growth rates in the casual dining industry • Differentiation and strong foothold in the off-premise channel


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CAKE AT A GLANCE 5 (1) Market data as of October 1, 2024. (2) Represents fiscal year 2023 revenue for the twelve months ended January 2, 2024. We own and operate 344 restaurants across the US and Canada including: • 215 The Cheesecake Factory locations • 40 North Italia locations • 35 Flower Child locations • 47 Fox Restaurant Concepts locations Our nearly 48,000 staff members recently helped us become one of the Fortune “100 Best Companies to Work For®” for the 11th consecutive year 34 International CCF Locations China Thailand Mexico Bahrain Kuwait Saudi Arabia Qatar | UAE FOUNDED 1972 IPO 1992 TICKER CAKE REVENUE(2) $3.4B HEADQUARTERS CALABASAS HILLS, CA MARKET CAP(1) $2.1B PORTFOLIO OF EXPERIENTIAL DINING CONCEPTS


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6


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GLOBAL FOOTPRINT 7 Company-Owned: 215 (Including Toronto, Canada) Latin America Mexico City (5) Monterrey (1) Guadalajara (1) Querétaro (1) Asia Shanghai (3) Beijing (1) Chengdu (1) Hangzhou (1) Hong Kong (1) Macau (1) Thailand (1) Middle East UAE (6) Saudi Arabia (4) Kuwait (3) Qatar (3) Bahrain (1) International – Licensed: 34 Opportunity for 300 Domestic Locations Long runway for growth as we continue to open in new and existing markets Continued International Expansion In existing and new markets with current licensees and evaluating new markets High-quality, High-profile Locations Worldwide Strong presence in premier markets with attractive consumer demographics


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8 High-Energy Atmosphere Contemporary Décor Distinct, High-Quality Cheesecakes and Desserts Best-in-Class Execution Exceptional Service Menu Breadth and Innovation Made Fresh From Scratch MENU OPERATIONS AMBIANCE BAKERY A HIGHLY DIFFERENTIATED CONCEPT


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9 INTEGRATED BAKERY – THE “CHEESECAKE” MAGIC Enables creativity, quality control and supply chain efficiencies 60 Varieties of cheesecakes & 2 desserts Bakery production facilities 17% FY 2023(1) 1 FY 2019 6% (1) (1) Percent of total sales. Impressive Level of Dessert Sales


BEST-IN-CLASS STAFFING AND OPERATIONS 10 Well-positioned to attract and retain high-quality, experienced staff as an employer of choice • Top-tier recruiting and training programs • Fortune’s ‘100 Best Companies to Work For’ List for 11 consecutive years • Competitive compensation, benefits and healthcare options • High sales volume restaurants provide predictability and stability for staff Average Tenure by Position 34 years 25 years 20 years 19 years 12 years 11 years Executive VP of Operations Regional Vice Presidents Area Directors of Operations Area Kitchen Operations Managers General Managers Executive Kitchen Managers EXCEPTIONAL SERVICE AND OPERATIONAL EXECUTION SUPPORTED BY INDUSTRY-LEADING RETENTION 2023 PEOPLE Companies that Care logo © 2023 TI Gotham, Inc., a Dotdash Meredith company. Used under license. From Fortune. ©2023, ©2024 Fortune Media IP Limited. All rights reserved. Used under license. Fortune® and Fortune 100 Best Companies to Work For® are registered trademarks of Fortune Media IP Limited and are used under license. Fortune and Fortune Media IP Limited are not affiliated with, and do not endorse products or services of, The Cheesecake Factory Incorporated.


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DIFFERENTIATION IN OFF-PREMISE 11 • Extensive menu with over 225 items made from scratch daily • Large portions designed for sharing • Lower incremental delivery pricing versus peers • Fully integrated systems for better execution • Separate bakery counter and register for pick-up of orders Exceptional Value Operational Execution • Omni channel ordering – Online | Delivery | Phone | In-person • Curbside delivery, geo-location and real-time tracking • Redesigned to-go packaging to improve food quality Guest Experience and Convenience 9% 11% 16% 43% 32% 25% 22% 22% 21% 21% OFF-PREMISE SALES % OF TOTAL REVENUE OFF-PREMISE AWS FOR FY 2023(2) $51.9 $25.2 $22.6 $20.5 $18.1 $17.7 $15.2 $15.2 $14.7 $12.6 Olive Garden Carrabba's BJ's Texas Roadhouse Chili's Outback Cracker Barrel Red Robin LongHorn (1) $2.5 million in off-premise sales per restaurant is annualized based on 3Q24. (2) Company reports and Gordon Haskett Research Advisors. ($ in thousands) $2.5 million per restaurant (1) LEVERAGING OUR DIFFERENTIATED POSITIONING TO DRIVE THE HIGHEST OFF-PREMISE AVERAGE WEEKLY SALES


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12 ICONIC BRAND AND CULT STATUS


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Followers(1) (in thousands) Followers / $M Sales(2) Followers / $M Sales Instagram Followers 0 200 400 600 800 1,000 1,200 CAKE Maggiano's Outback Bonefish Olive Garden YardHouse Chili's Cracker Barrel BJ's Restaurants LongHorn Carrabba's Texas Roadhouse - 75 150 225 300 375 450 CAKE Maggiano's Outback Bonefish Olive Garden YardHouse Chili's Cracker Barrel BJ's Restaurants LongHorn Carrabba's Texas Roadhouse 13 STRONG CONSUMER ENGAGEMENT CAKE has more Instagram followers and significantly outpaces peers in followers relative to sales Leveraging the STRENGTH OF OUR BRAND across social media channels to ENGAGE WITH OUR CONSUMERS and further ENHANCE BRAND AWARENESS MILLIONS OF FOLLOWERS (1) Instagram Follower count as of May 3, 2024. (2) Sales represent fiscal year 2023 revenue based on latest SEC 10-K filings and company presentations.


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BROAD APPEAL AND BRAND AFFINITY 14 Diverse Appeal Across a broad demographic range Extensive Menu Something for every taste, every price point Special Occasions Seen as a destination for experiential dining Signature Desserts High-quality cheesecakes and desserts Consumers (millennials in particular) regularly rank the Cheesecake Factory as one of the best chain restaurants, as well as having the best ambiance and the best quality food. A chain restaurant triple threat if there was ever one. -Vox, December 24, 2022 Sources: (1) The Cheesecake Factory Ranks No. 1 in Casual Dining Online Reputation Study, SOCi Marketing Study, FSR Magazine, December 12, 2023. (2) Most-Beloved Restaurant Brands in America – Savanta’s Marketing Intelligence Platform BrandVue Eating Out, FSR Magazine, October 11, 2023.


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CHEESECAKE REWARDS® 15 PROGRAM OBJECTIVE A SURPRISE and DELIGHT program To leverage data analytics to engage more effectively with our guests and drive incremental sales while maintaining our restaurant level margins Published Offers To support member acquisition and on-going engagement Offered to all rewards members Unpublished Offers To surprise and delight our guests and drive incremental member visits Tailored rewards offered to all members Marketable Offers To leverage key marketable moments to drive increased engagement Offered to all rewards members Opportunity to drive incremental traffic ®


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$12.2 $9.8 $9.7 $7.6 $6.1 $5.6 $4.9 $4.1 $3.6 $3.6 $3.3 Maggiano's Yard House Texas Roadhouse BJ's Olive Garden LongHorn Outback Carrabba's Chili's Bonefish With a Moderate Average Check (1) Driving the Highest Unit Volumes in the Industry(1) ($ in millions) $36 $35 $34 $31 $28 $28 $25 $23 $22 $21 $20 Maggiano's Yard House Bonefish Outback LongHorn Carraba's Olive Garden Texas Roadhouse BJ's Chili's 16 (1) Latest SEC 10-K filings and company presentations. (2) Average check for The Cheesecake Factory defined as on-premise average check for FY 2023. (2)


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18 • Filling White Space for an On-Trend, Contemporary Italian Offering • Menu features classic Italian favorites with a fresh twist from hand-tossed pizzas and homemade pastas to crave-worthy appetizers, salads and seasonal entrees • Unique menu items tailored to local markets • All dishes handmade from scratch daily • Serving lunch, dinner, weekend brunch & weekday happy hour • Robust selection of wine, beer and craft cocktails driving ~25% alcohol mix • Average check of low to mid $30s for lunch and low to mid $40s for dinner


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19 • Potential for 200 domestic locations over time • Currently have 40 locations in 13 states & Washington D.C. • Italian is one of the most popular ethnic cuisines in the United States • Targeting ~20% average annual unit growth • Attractive return profile and sales growth Comp Sales 3Q24 (vs. 3Q23): 2% FY ‘23 (vs. FY ‘22): 8%


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• A differentiated concept in the growing fast casual dining segment • 35 locations in 12 states • Targeting ~15% - 20% average annual unit growth • A healthy, balanced dining experience with organic, gluten-free and vegan dishes • All dishes handmade from scratch daily • Menu features customizable bowls, wraps, salads, veggies and healthy proteins • Attractive consumer demographic • Significant off-premise volumes - trending over 50% of sales(1) • Separate take-out area for third-party delivery and take-out business On a simple, soul-satisfying mission to spread positively delicious vibes and healthy food. 21 (1) As of Q3 2024 ending October 1, 2024.


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22


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FOX RESTAURANT CONCEPTS (FRC) 23 FRC HIGHLIGHTS • Locations: 47 • Geographies 10 states • FY 2023 Revenue(1) $264M (1) Fiscal year 2023 revenue represents revenue for the twelve months ended January 2, 2024 and excludes revenue for Flower Child. FRC serves as an incubation engine, innovating new food, dining and hospitality experiences to create fresh, exciting concepts for the future FRC’s experiential concepts are designed to deliver unique guest experiences across different industry segments, occasions, square footage and geographies Provides Diversification | Accretive Unit Growth Potential | Value Creation Opportunities “Great hospitality, every time.” - Sam Fox


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Culinary forward. First class hospitality. Concepts like no other. DIVERSIFYING OUR PORTFOLIO ACROSS EXPERIENTIAL FOR GROWTH 24 National Expansion Boutique Brands Incubation Stage Testing Growth Global Footprint


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Accelerating Unit Growth AS MANY AS 22 NEW UNITS IN 2024 17 NROs YTD ACCELERATING UNIT GROWTH As of October 29, 2024 13 New Restaurants Opened in 2022 16 New Restaurants Opened in 2023 The Cheesecake Factory | Orem, UT Doughbird | Dallas, TX The Henry | Nashville, TN Culinary Dropout Atlanta, GA Birmingham, AL Dallas, TX Flower Child North Italia Houston, TX Dallas, TX Charlotte, NC Peoria, AZ Salt Lake City, UT Charlotte, NC Frontenac, MO Plano, TX Phoenix, AZ Coronado, CA Peoria, AZ Blanco |


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FINANCIAL PERFORMANCE


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27 DRIVING STRONG SALES GROWTH FY 2023 COMP SALES AVERAGE WEEKLY SALES (2) FY 2023 AVERAGE WEEKLY SALES Q3 2024 COMP SALES AVERAGE WEEKLY SALES (2) Q3 2024 vs 2022 3.0% 8% vs 2022 3% vs 3Q23 1.6% 2% vs 3Q23 (4)% ~$231,000 Equates to $12.0M Annualized AUV(1) ~$141,800 Equates to $7.4M Annualized AUV(1) ~$116,500 Equates to $6.1M Annualized AUV(1) (1) 3Q24 Average Unit Volumes (AUV) annualized based on average weekly sales. (2) FRC excludes Flower Child.


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Q3 2024 HIGHLIGHTS(1) 28 Total Revenue $865M Up 4% from PY Adj. Net Inc. Margin 3.3% Up 100 bps from PY Capital Allocation (1) A reconciliation of Non-GAAP measures can be found in the appendix. (2) The Cheesecake Factory comparable sales outperformed the casual dining industry by 310 bps as measured by the Black Box casual dining index. (3) Represents total company owned and operated restaurants across the US and Canada. Adjusted EPS $0.58 Up 49% from PY The Cheesecake Factory Comp Sales 1.6% 310 bps above Industry (2) $54M CapEx $1M Repurchases $13M Dividends Unit Growth 4 NROs Restaurant Count(3) 341 Up 6% from 323 in PY


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2024 UNDERLYING KEY ASSUMPTIONS(1) 29 (1) Assumes no material operating or consumer disruptions as well as assumptions with respect to future decisions, which are subject to change. Actual results will vary and those variations may be material. (2) Future decisions to pay or to increase or decrease dividends or to repurchase shares are at the discretion of the Board and will be dependent on several factors. Consolidated Sales Approximately $3.57 Billion CCF AUVs Approximately $12.4 Million Net Income Margin Targeting approximately 4.5% at the stated sales level New Unit Growth As many as 22 New Restaurant Openings • 3 The Cheesecake Factory locations • 6 North Italia locations • 6-7 Flower Child locations • 8 FRC restaurants Capital Expenditure Approximately $180 Million - $200 Million Dividend Program Q4 2024 dividend of $0.27 per share(2) Share Repurchase Program Offset dilution from employee stock-based compensation and support EPS(2)


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QUALITY GROWTH OPPORTUNITY 30 New Unit Growth Targets(1)(2) Size(3) Sales per Sq Ft(3) Annual Unit Growth 7,000 -10,000 ~$1,100 - $1,200 ~2% -3% 6,000 -7,000 ~$1,200 - $1,300 ~20% 3,000 -4,000 ~$1,100 - $1,200 ~15% -20% 3,500 -15,000 ~$1,100 ~10% -15% Diversified Portfolio Differentiated experiential concepts diversified across industry segment, price point, cuisine, occasion and real estate Value Creation Opportunities Leveraging brand power, operational excellence, scale, supply chain and real estate development expertise 1% - 2% Comparable Sales Growth LONG-TERM OUTLOOK(2) AVERAGE ANNUAL GROWTH TARGETS 7% - 8% Top-line Revenue Growth Attractive Growth Potential Significant runway for future development across portfolio of concepts to drive accretive growth over time (1) Illustrative example of new restaurant openings targeted size, sales per square foot and annual unit growth; Targets represent steady-state and typically are reached after 3 years of operations. (2) Targets are forward-looking and are based upon assumptions that there are no material operating or consumer disruptions as well as assumptions with respect to future decisions, which are subject to change. Actual results will vary and those variations may be material. (3) Target size and sales per square foot are an average based on productive square feet defined as all interior square footage plus seasonally adjusted exterior patio square footage.


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HISTORY OF OUTPERFORMING THE INDUSTRY (4.2)% (6.8)% (0.3)% 4.0% 4.2% 3.3% 2.6% 4.1% 3.8% 0.4% 0.9% 2.5% (27.4)% 3.3% 10.5% 13.9% (4.3)% (8.7)% (6.1)% 1.0% 2.0% (0.9)% (1.6)% 0.8% (0.4)% (2.2)% 0.5% 1.4% (24.0)% (0.9)% 6.5% 10.3% 2008 Knapp-Track Index Comparable Sales - Historical 2-year Stack(1),(2) Industry Outperformance During Economic Downturn Geographical discrepancies in dining restrictions & reopening timelines 31 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020(1) 2021(2) 2022(2) 2023(2) Comparison to pre-pandemic sales (2019) (1) 2020 results reflect the impact of the COVID-19 pandemic. (2) Due to impact of COVID-19 pandemic on results 2021, 2022 and 2023 compare against 2019.


DURABLE BUSINESS OVER TIME(1) 32 $0.84 $1.07 $1.42 $1.64 $1.88 $2.10 $1.97 $2.37 $2.83 $2.60 $2.51 $2.61 $(1.49) $2.13 $1.51 $2.69 '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23 Capital Allocation Detail $85 $163 $128 $120 $112 $107 $135 $94 $158 $100 $163 $120 $(47) $146 $50 $67 '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23 $85 $37 $42 $77 $86 $106 $114 $154 $158 $139 $128 $99 $50 $67 $112 $152 $173 $52 $172 $101 $184 $141 $109 $146 $123 $109 $51 $4 $6 $63 $46 $13 $27 $30 $36 $42 $50 $56 $61 $16 $42 $53 64,009 44,545 49,050 '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23 Capex / Investment Share Repurchases Common Stock Dividend Weighted Average Shares Outstanding Adjusted Earnings/(Loss) Per Common Share Free Cash Flow '20 '20 (1) A reconciliation of Non-GAAP measures can be found in the appendix. 2020 results reflect the impact of the pandemic and the issuance of 200,000 shares of Series A Convertible Preferred Stock. An explanation regarding accounting reclassifications for prior years can be found in the 10-K and 10-Q. (2) 2019 Capex / Investment does not include the acquisition of North Italia and Fox Restaurant Concepts. (2) (2)


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APPENDIX


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NON-GAAP RECONCILIATIONS 34 In addition to the results provided in accordance with the Generally Accepted Accounting Principles (“GAAP”) in this presentation, the Company is providing non-GAAP measurements which present adjusted diluted net income/(loss) per common share excluding the impact of certain items, adjusted net income margin and free cash flow. The non-GAAP measurements are intended to supplement the presentation of the Company’s financial results in accordance with GAAP. The Company believes that the presentation of these items provides additional information to facilitate the comparison of past and present financial results. ($ in millions) Fiscal Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Cash flow from operations (1) $ 170 $ 200 $ 170 $ 197 $ 198 $ 213 $ 249 $ 248 $ 316 $ 239 $ 291 $ 219 $ 3 $ 213 $ 162 $ 218 Capital expenditures / investments 85 37 42 77 86 106 114 154 158 139 128 99 50 67 112 152 Free cash flow(2) $ 85 $ 163 $ 128 $ 120 $ 112 $ 107 $ 135 $ 94 $ 158 $ 100 $ 163 $ 120 $ (47) $ 146 $ 50 $ 67 (1) The excess tax benefit related to stock options exercised is no longer reclassified from cash flows from operating activities to cash flows from financing activities in the consolidated statements of cash flows. The consolidated statements of cash flows for fiscal 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009 and 2008 have been adjusted to conform to the subsequent years presentation. (2) Free cash flow may not add due to rounding.


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NON-GAAP RECONCILIATIONS 35 ($ in thousands, except per share data) Fiscal Year Fiscal Quarter 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 3Q23 3Q24 Net income/(loss) $ 52,293 $ 42,833 $ 81,713 $ 95,720 $ 98,423 $114,356 $101,276 $116,523 $139,494 $157,392 $ 99,035 $127,293 $(277,107) $ 49,131 $ 43,123 $ 101,351 $ 17,945 $ 29,994 Impairment of assets and lease termination expenses/(income)(1) 2,952 26,541 - 1,547 9,536 (561) 696 6,011 114 10,343 17,861 18,247 219,333 18,139 31,387 29,464 48 (3,472) Partial IRS settlement - - - (1,794) - - - - - - - - - - - - - - Termination of Interest rate swap - 7,421 7,376 - - - - - - - - - - 2,354 - - - - Chairman and CEO employment agreement - 2,550 - - - - - - - - - - - - - - - Proceeds from variable life insurance contract - (668) - - (419) - - - - - - - - - - - - - Loss on investment in unconsolidated affiliates - - - - - - - - - 479 4,754 13,439 - - - - - - Gain on investment in unconsolidated affiliates - - - - - - - - - - - (52,672) - - - - - - Acquisition-related costs - - - - - - - - - - - 5,270 2,699 - - - - - Acquisition-related contingent consideration, compensation and amortization expenses/(benefit) (2) - - - - - - - - - - - 1,033 (3,872) 19,510 13,368 11,686 1,414 1,020 Dividends on Series A preferred stock - - - - - - - - - - - - 13,485 18,661 - - - - Net income attributable to Series A preferred stock to apply if-converted method - - - - - - - - - - - - - 4,581 - - - - Direct and incremental Series A preferred stock issuance costs - - - - - - - - - - - - 10,257 - - - - - Assumed impact of potential conversion of Series A preferred stock into common stock - - - - - - - - - - - - - - - - - - COVID-19 related costs (3) - - - - - - - - - - - - 22,963 4,917 - - - - Uncertain tax positions - - - - - - - - - - - - - 7,139 - - - - Tax effect of adjustments (4) (1,181) (14,605) (2,951) (331) (3,814) 224 (278) (2,404) (46) (4,329) (5,880) 3,818 (62,692) (11,679) (11,637) (10,699) (380) 638 One-time tax items (5) - - - - - - - - - (38,525) - - - - - - - - Adjusted net income/(loss) $ 54,064 $ 64,072 $ 86,138 $ 95,142 $103,726 $114,019 $101,694 $120,130 $139,562 $125,360 $115,770 $116,428 $ (74,934) $112,753 $ 76,241 $ 131,802 $ 19,027 $ 28,180 Revenues $2,482,692 $830,210 $865,471 Adjusted net income margin 4.7% 2.3% 3.3% Diluted net income/(loss) per share $ 0.82 $ 0.71 $ 1.35 $ 1.64 $ 1.78 $ 2.10 $ 1.96 $ 2.30 $ 2.83 $ 3.27 $ 2.14 $ 2.86 $ (6.32) $ 1.01 $ 0.86 $ 2.07 $ 0.37 $ 0.61 Impairment of assets and lease termination expenses/(income)(1) 0.05 0.44 - 0.03 0.17 (0.01) 0.01 0.12 0.00 0.21 0.39 0.41 4.36 0.34 0.62 0.61 - (0.07) Partial IRS settlement - - - (0.03) - - - - - - - - - - - - - - Termination of Interest rate swap - 0.12 0.12 - - - - - - - - - - 0.04 - - - - Chairman and CEO employment agreement - 0.04 - - - - - - - - - - - - - - - - Proceeds from variable life insurance contract - (0.01) - - (0.01) - - - - - - - - - - - - - Loss on investment in unconsolidated affiliates - - - - - - - - - 0.01 0.10 0.30 - - - - - - Gain on investment in unconsolidated affiliates - - - - - - - - - - - (1.18) - - - - - - Acquisition-related costs - - - - - - - - - - - 0.12 0.05 - - - - - Acquisition-related contingent consideration, compensation and amortization expenses/(benefit) (2) - - - - - - - - - - - 0.02 (0.08) 0.37 0.27 0.24 0.03 0.02 Dividends on Series A preferred stock - - - - - - - - - - - - 0.27 0.35 - - - - Net income attributable to Series A preferred stock to apply if-converted method - - - - - - - - - - - - - 0.09 - - - - Direct and incremental Series A preferred stock issuance costs - - - - - - - - - - - - 0.20 - - - - - Assumed impact of potential conversion of Series A preferred stock into common stock - - - - - - - - - - - - 0.80 (0.08) - - - - COVID-19 related costs (3) - - - - - - - - - - - - 0.46 0.09 - - - - Uncertain tax positions - - - - - - - - - - - - - 0.13 - - - - Tax effect of adjustments (4) (0.03) (0.23) (0.05) - (0.06) 0.01 - (0.05) 0.00 (0.09) (0.12) 0.09 (1.25) (0.22) (0.23) (0.22) (0.01) 0.01 One-time tax items (5) - - - - - - - - - (0.80) - - - - - - - - Adjusted diluted net income/(loss) per share(6) $ 0.84 $ 1.07 $ 1.42 $ 1.64 $ 1.88 $ 2.10 $ 1.97 $ 2.37 $ 2.83 $ 2.60 $ 2.51 $ 2.61 $ (1.49) $ 2.13 $ 1.51 $ 2.69 $ 0.39 $ 0.58 (1) A detailed breakdown of impairment of assets and lease termination expenses recorded can be found in the Selected Segment Information table in the 10-K and 10-Q. (2) Represents changes in the fair value of the deferred consideration and contingent consideration and compensation liabilities related to the North Italia and FRC acquisition, as well as amortization of acquired definite-lived licensing agreements. (3) Represents incremental costs associated with COVID-19 such as sick and vaccination pay, healthcare and meal benefits for furloughed staff members, additional sanitation and personal protective equipment. (4) The tax effect assumes a tax rate based on the federal statutory rate and an estimated blended state tax rate. (5) Fiscal 2017 includes a $38.5 million benefit to the income tax provision related to tax reform enacted in December 2017. (6) Adjusted diluted net income/(loss) per share may not add due to rounding.