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8-K

Cheesecake Factory Inc (CAKE)

8-K 2024-07-31 For: 2024-07-25
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Added on April 05, 2026

UNITED STATESSECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 OR 15(d) ofThe Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):  July 25, 2024

THE CHEESECAKE

FACTORY INCORPORATED

(Exact name of registrant as specified in its charter)

Delaware 0-20574 51-0340466
(State<br> or other jurisdiction (Commission (IRS<br> Employer
of<br> incorporation) File<br> Number) Identification<br> No.)
26901 Malibu Hills Road<br>Calabasas Hills , California 91301
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(Address<br> of principal executive offices) (Zip<br> 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<br> communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting<br> material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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¨ Pre-commencement<br> communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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¨ Pre-commencement<br> communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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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<br> Stock, par value $.01 per share CAKE The<br> 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 ofForm 8-K, “Results of Operations and Financial Condition” and Item 7.01 of Form 8-K, “Regulation FD Disclosure”is intended to be furnished. This information shall not be deemed “filed” for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Actof 1933, as amended, or the Exchange Act, whether made before or after the date of this report, regardless of any general incorporationlanguage in the filing.

ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

In a press release dated July 31, 2024, a copy of which is furnished as Exhibit 99.1 to this report, The Cheesecake Factory Incorporated (the “Company”) reported financial results for the second quarter of fiscal 2024, which ended on July 2, 2024.

ITEM 7.01 REGULATION FD DISCLOSURE

Also on July 31, 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

Additionally, on July 25, 2024, the Board of Directors of the Company (the “Board”) declared a quarterly cash dividend of $0.27 per share which will be paid on August 27, 2024 to the stockholders of record of each share of the Company’s common stock at the close of business on August 14, 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
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99.1 Press release dated July 31, 2024 entitled “The Cheesecake Factory Reports Results for Second Quarter of Fiscal 2024”
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99.2 The Cheesecake Factory Investor Presentation dated July 31, 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:    July 31, 2024 THE CHEESECAKE FACTORY INCORPORATED
By: /s/ Matthew E. Clark
Matthew E. Clark
Executive Vice President and Chief Financial Officer

Exhibit 99.1

PRESSRELEASE

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

THE CHEESECAKEFACTORY REPORTS RESULTS FOR

SECOND QUARTEROF FISCAL 2024

CALABASASHILLS, Calif. – JULY 31, 2024 – The Cheesecake Factory Incorporated (NASDAQ: CAKE) today reported financial results for the second quarter of fiscal 2024, which ended on July 2, 2024.

Total revenues were $904.0 million in the second quarter of fiscal 2024 compared to $866.2 million in the second quarter of fiscal 2023. Net income and diluted net income per share were $52.4 million and $1.08, respectively, in the second quarter of fiscal 2024.

The Company recorded a pre-tax net expense of $1.0 million related to Fox Restaurant Concepts (“FRC”) acquisition-related expenses and impairment of assets and lease termination income. Excluding the after-tax impact of these items, adjusted net income and adjusted net income per share for the second quarter of fiscal 2024 were $53.2 million and $1.09, 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 1.4% year-over-year in the second quarter of fiscal 2024.

“Building on our first quarter momentum, we delivered solid top- and bottom-line results in the second quarter contributing to a strong performance in the first half of the year,” said David Overton, Chairman and Chief Executive Officer. “Our second quarter revenue finished towards the higher end of our expectations, and we generated robust earnings growth with profit margins exceeding the high end of our expectations. Our second quarter results were led by the strength of The Cheesecake Factory restaurants. The resilient consumer demand for the distinct, high-quality dining experiences we provide our guests and brand affinity for our namesake concept has been pivotal in supporting our continued outperformance of the broader casual dining industry. Our operators drove solid operational execution within our restaurants to deliver year-over-year improvements in labor productivity and hourly staff and manager retention.”

“We opened five new restaurants across various concepts and markets during the second quarter. The strong demand and sales performance at our new restaurant openings underscores the broad appeal of our experiential concepts. With 11 restaurants opened as of today, we are well-positioned to meet our development objective to open as many as 22 new restaurants in 2024. Most importantly, following three consecutive quarters of stable topline revenue, strong operational execution and significant profitability growth, we generated the consistent results that The Cheesecake Factory has long been known for.”

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

Development

During the second quarter of fiscal 2024, the Company opened five new restaurants, including one Cheesecake Factory, one North Italia restaurant, two Flower Child locations and one Culinary Dropout. In addition, one Cheesecake Factory restaurant opened internationally under a licensing agreement in China. Subsequent to quarter-end, the Company opened 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 to seven North Italia restaurants, six to seven Flower Child locations, and seven to eight other Fox Restaurant Concept locations.

Liquidity andCapital Allocation

As of July 2, 2024, the Company had total available liquidity of $277.2 million, including a cash balance of $40.7 million and availability on its revolving credit facility of $236.5 million. Total principal amount of debt outstanding was $475.0 million, including $345.0 million in principal amount of 0.375% convertible senior notes due 2026 and $130.0 million in principal amount drawn on the Company’s revolving credit facility.

The Company repurchased approximately 111,400 shares of its stock at a cost of $3.9 million in the second 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 August 27, 2024 to shareholders of record at the close of business on August 14, 2024.

Conference Calland Webcast

The Company will hold a conference call to review its results for the second 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 August 30, 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 340 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 HarborStatement

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 consumer demand and restaurant development. 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 increased interest rates, 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

TheCheesecake Factory Incorporated

CondensedConsolidated Financial Statements

(unaudited;in thousands, except per share and statistical data)

13 Weeks<br> EndedJuly 2, 2024 13 Weeks<br> Ended<br><br> July 4, 2023 26 Weeks Ended July 2, 2024 26 Weeks Ended July 4, 2023
Consolidated Statements of Income Amount Percent<br> of <br> Revenues Amount Percent<br> of <br> Revenues Amount Percent<br> of <br> Revenues Amount Percent<br> of <br> Revenues
Revenues $ 904,042 100.0 % $ 866,170 100.0 % $ 1,795,265 100.0 % $ 1,732,284 100.0 %
Costs and expenses:
Food and beverage costs 201,694 22.3 % 201,094 23.2 % 404,947 22.6 % 407,318 23.5 %
Labor expenses 317,282 35.1 % 306,149 35.3 % 638,212 35.5 % 617,677 35.7 %
Other operating costs and expenses 239,097 26.4 % 226,996 26.2 % 472,638 26.3 % 457,925 26.4 %
General and administrative expenses 54,384 6.0 % 54,488 6.4 % 114,750 6.4 % 108,557 6.3 %
Depreciation and amortization expenses 24,960 2.8 % 23,332 2.7 % 49,716 2.8 % 46,287 2.7 %
Impairment of assets and lease termination<br> (income)/expenses (188 ) 0.0 % (653 ) -0.1 % 1,895 0.1 % 1,589 0.1 %
Acquisition-related contingent consideration,<br> compensation and amortization expenses 1,146 0.1 % 1,287 0.1 % 2,267 0.1 % 2,476 0.1 %
Preopening costs 6,975 0.8 % 6,006 0.7 % 12,855 0.7 % 9,058 0.5 %
Total costs and<br> expenses 845,350 93.5 % 818,699 94.5 % 1,697,280 94.5 % 1,650,887 95.3 %
Income from operations 58,692 6.5 % 47,471 5.5 % 97,985 5.5 % 81,397 4.7 %
Interest and other expense, net (2,348 ) (0.3 )% (2,162 ) (0.3 )% (4,109 ) (0.3 )% (4,042 ) (0.2 )%
Income before income taxes 56,344 6.2 % 45,309 5.2 % 93,876 5.2 % 77,355 4.5 %
Income tax provision 3,900 0.4 % 2,634 0.3 % 8,241 0.4 % 6,630 0.4 %
Net income $ 52,444 5.8 % $ 42,675 4.9 % $ 85,635 4.8 % $ 70,725 4.1 %
Basic net income per share $ 1.10 $ 0.88 $ 1.79 $ 1.46
Basic weighted average shares outstanding 47,702 48,492 47,726 48,593
Diluted net income per share $ 1.08 $ 0.87 $ 1.76 $ 1.43
Diluted weighted average shares outstanding 48,775 49,085 48,685 49,296

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

13 Weeks Ended 13 Weeks Ended 26 Weeks Ended 26 Weeks Ended
Selected Segment Information July 2,<br> 2024 July 4,<br> 2023 July 2,<br> 2024 July 4,<br> 2023
Revenues:
The Cheesecake Factory<br> restaurants $ 676,697 $ 652,481 $ 1,344,491 $ 1,308,481
North Italia 75,514 65,934 146,388 129,237
Other FRC 73,637 65,728 147,866 134,368
Other 78,194 82,027 156,520 160,198
Total $ 904,042 $ 866,170 $ 1,795,265 $ 1,732,284
Income/(loss) from operations:
The Cheesecake Factory restaurants $ 101,035 $ 85,677 $ 187,106 $ 164,073
North Italia 5,507 6,627 8,677 11,233
Other FRC 3,590 6,079 9,882 14,790
Other (51,440 ) (50,912 ) (107,680 ) (108,699 )
Total $ 58,692 $ 47,471 $ 97,985 $ 81,397
Depreciation and amortization expenses:
The Cheesecake Factory restaurants $ 16,257 $ 16,235 $ 33,100 $ 32,244
North Italia 2,322 1,668 4,293 3,135
Other FRC 2,790 1,809 5,215 3,736
Other 3,591 3,620 7,108 7,172
Total $ 24,960 $ 23,332 $ 49,716 $ 46,287
Impairment of assets and lease termination (income)/expenses:
The Cheesecake Factory restaurants $ 267 $ 38 $ 2,126 131
North Italia - - - -
Other FRC - - - 55
Other (455 ) (691 ) (231 ) 1,403
Total $ (188 ) $ (653 ) $ 1,895 $ 1,589
Preopening costs:
The Cheesecake Factory restaurants $ 2,374 $ 3,091 $ 4,132 $ 4,539
North Italia 1,412 618 3,414 1,064
Other FRC 2,186 1,999 3,910 2,720
Other 1,003 298 1,399 735
Total $ 6,975 $ 6,006 $ 12,855 $ 9,058
13 Weeks Ended 13 Weeks Ended 26 Weeks Ended 26 Weeks Ended
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The Cheesecake Factory restaurants operating<br> information: July 2,<br> 2024 July 4,<br> 2023 July 2,<br> 2024 July 4,<br> 2023
Comparable restaurant sales<br> vs. prior year 1.4 % 1.5 % 0.4 % 3.6 %
Restaurants opened during period 1 1 1 1
Restaurants open at period-end 217 211 217 211
Restaurant operating weeks 2,808 2,734 5,615 5,471
North Italia operating<br> information:
Comparable restaurant sales vs. prior<br> year 2 % 8 % 3 % 8 %
Restaurants opened during period 1 - 3 -
Restaurants open at period-end 39 33 39 33
Restaurant operating weeks 499 429 979 858
Other Fox Restaurant Concepts (FRC) operating information:^(1)^
Restaurants opened during period 1 2 3 3
Restaurants open at period-end 43 37 43 37
Restaurant operating weeks 549 462 1,079 913
Other operating information:^(2)^
Restaurants opened during period 2 - 3 1
Restaurants open at period-end 41 40 41 40
Restaurant operating weeks 520 520 1,036 1,035
Number of company-owned restaurants:
The<br> Cheesecake Factory 217
North<br> Italia 39
Other<br> FRC 43
Other 41
Total 340
Number of international-licensed restaurants:
The<br> 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<br> Balance Sheet Information July 2,<br> 2024 January 2,<br> 2024
Cash and cash equivalents $ 40,654 $ 56,290
Long-term<br> debt, net of issuance costs ^(1)^ 471,054 470,047

(1) Includes $341.1 million net balance of 0.375% convertible senior notes due 2026 (principal amount of $345 million less $3.9 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 Resultsto 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.

TheCheesecake Factory Incorporated

Reconciliationof Non-GAAP Financial Measures

(unaudited;in thousands, except per share data)

13 Weeks Ended 13 Weeks Ended 26 Weeks Ended 26 Weeks Ended
July 2,<br> 2024 July 4,<br> 2023 July 2,<br> 2024 July 4,<br> 2023
Net income (GAAP) $ 52,444 $ 42,675 $ 85,635 $ 70,725
Impairment of assets and lease termination<br> (income)/expenses^(1)^ (188 ) (653 ) 1,895 1,589
Acquisition-related contingent<br> consideration, compensation and amortization expenses^(2)^ 1,146 1,287 2,267 2,476
Tax effect of adjustments^(3)^ (249 ) (165 ) (1,082 ) (1,057 )
Adjusted net income (non-GAAP) $ 53,153 $ 43,144 $ 88,715 $ 73,733
Diluted net income per share (GAAP) $ 1.08 $ 0.87 $ 1.76 $ 1.43
Impairment of assets and lease termination<br> (income)/expenses (0.00 ) (0.01 ) 0.04 0.03
Acquisition-related contingent<br> consideration, compensation and amortization expenses 0.02 0.03 0.05 0.05
Tax effect of<br> adjustments (0.01 ) (0.00 ) (0.02 ) (0.02 )
Adjusted<br> net income per share (non-GAAP)^(4)^ $ 1.09 $ 0.88 $ 1.82 $ 1.50

(1) A detailed breakdown of impairment of assets and lease termination (income)/expenses recorded in the thirteen and twenty-six weeks ended July 2, 2024 and July 4, 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.

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

Exhibit 99.2

INVESTOR<br>PRESENTATION<br>July 31, 2024
SAFE HARBOR STATEMENT<br>2<br>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<br>1934, as amended. This includes, without limitation, financial guidance and projections, including underlying assumptions, and statements with respect to expectations of the<br>Company’s future financial condition, results of operations, cash flows, potential price increases, plans, targets, goals, objectives, performance, growth potential, engines and<br>opportunities and expected growth rates and targets; long-term outlook; industry-leading comparable sales growth, retention and competitive position; quality control and supply<br>chain efficiencies; operational execution and retention; annualized average unit volume; the Company’s differentiation and strong foothold in the off-premise channel; the opportunity<br>for additional domestic and foreign locations and licensees and territories; target returns for new restaurant openings; international expansion; North Italia and Fox Restaurant<br>Concepts (“FRC”) as growth drivers and FRC as an incubation engine; new restaurant targeted ranges and unit growth rates.<br>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<br>as “believe,” “plan,” “will likely result,” “expect,” “intend,” “will continue,” “is anticipated,” “estimate,” “project,” “may,” “could,” “would,” “should” and similar expressions. These<br>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<br>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<br>statements may be affected by various factors including: economic, public health and political conditions that impact consumer confidence and spending, including increased interest<br>rates, periods of heightened inflation and market instability, and armed conflicts; supply chain disruptions; demonstrations, political unrest, potential damage to or closure of our<br>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<br>abroad through Company-owned restaurants and/or licensees; foreign exchange rates, tariffs and cross border taxation; changes in unemployment rates; increases in minimum wages<br>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<br>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<br>and related permitting; compliance with debt covenants; strategic capital allocation decisions including with respect to share repurchases or dividends; the ability to achieve projected<br>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<br>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<br>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<br>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<br>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.<br>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<br>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<br>OVERVIEW
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INVESTMENT HIGHLIGHTS<br>4<br> • Experiential dining category leader with diversified growth engines<br> • Best-in-class operational execution and industry-leading retention<br> • Significant growth opportunities driving one of the highest expected growth rates<br>in the casual dining industry<br> • Differentiation and strong foothold in the off-premise channel
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CAKE AT A GLANCE<br>5<br>(1) Market data as of July 2, 2024.<br>(2) Represents fiscal year 2023 revenue for the twelve months ended January 2, 2024.<br>We own and operate 340 restaurants across the<br>US and Canada including:<br> • 216 The Cheesecake Factory locations<br> • 39 North Italia locations<br> • 33 Flower Child locations<br> • 44 Fox Restaurant Concepts locations<br>Our nearly 48,000 staff members<br>recently helped us become one of the<br>Fortune “100 Best Companies to Work<br>For®” for the 11th consecutive year<br>34<br>International<br>CCF Locations<br>China<br>Thailand<br>Mexico<br>Bahrain<br>Kuwait<br>Saudi Arabia<br>Qatar UAE<br>FOUNDED<br>1972<br>IPO<br>1992<br>TICKER<br>CAKE<br>REVENUE(2)<br>$3.4B<br>HEADQUARTERS<br>CALABASAS HILLS, CA<br>MARKET CAP(1)<br>$1.9B<br>PORTFOLIO OF EXPERIENTIAL DINING CONCEPTS
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6
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GLOBAL FOOTPRINT<br>7<br>Company-Owned: 216<br>(Including Toronto, Canada)<br>Latin America<br> Mexico City (5)<br> Monterrey (1)<br> Guadalajara (1)<br>Querétaro (1)<br>Asia<br> Shanghai (3)<br> Beijing (1)<br>Chengdu (1)<br> Hangzhou (1)<br>Hong Kong (1)<br> Macau (1)<br>Thailand (1)<br>Middle East<br> UAE (6)<br> Saudi Arabia (4)<br> Kuwait (3)<br> Qatar (3)<br> Bahrain (1)<br>International – Licensed: 34<br>Opportunity for 300<br>Domestic Locations<br>Long runway for growth as<br>we continue to open in new<br>and existing markets<br>Continued International<br>Expansion<br>In existing and new markets with<br>current licensees and evaluating<br>new markets<br>High-quality, High-profile<br>Locations Worldwide<br>Strong presence in premier<br>markets with attractive consumer<br>demographics
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8<br>High-energy Atmosphere<br>Exceptional Service<br>Distinct, High-Quality<br>Cheesecakes and Desserts<br>Best-in-Class Execution<br>Experienced Managers<br>Menu Breadth and Innovation<br>Made Fresh From Scratch<br>MENU OPERATIONS AMBIANCE BAKERY<br>A HIGHLY DIFFERENTIATED CONCEPT
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9<br>INTEGRATED BAKERY – THE “CHEESECAKE” MAGIC<br>Enables creativity, quality control and<br>supply chain efficiencies<br>60 Varieties of<br>cheesecakes & 2 desserts<br>Bakery<br>production<br>facilities<br>17%<br>FY 2023(1)<br>1<br>FY 2019<br>6%<br>(1)<br>(1) Percent of total sales.<br>Impressive Level of Dessert Sales
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BEST-IN-CLASS STAFFING AND OPERATIONS<br>10<br>Well-positioned to attract and retain high-quality, experienced<br>staff as an employer of choice<br> • Top-tier recruiting and training programs<br> • Fortune’s ‘100 Best Companies to Work For’ List for 11 consecutive years<br> • Competitive compensation, benefits and healthcare options<br> • High sales volume restaurants provide predictability and stability for staff<br>Average Tenure by Position<br>34 years<br>25 years<br>20 years<br>19 years<br>12 years<br>11 years<br>Executive VP of Operations<br>Regional Vice Presidents<br>Area Directors of Operations<br>Area Kitchen Operations Managers<br>General Managers<br>Executive Kitchen Managers<br>EXCEPTIONAL SERVICE AND OPERATIONAL EXECUTION SUPPORTED BY INDUSTRY-LEADING RETENTION<br>2023 PEOPLE Companies that Care logo © 2023 TI Gotham, Inc., a Dotdash Meredith company. Used under license.<br>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<br>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<br>11<br> • Extensive menu with over 225 items made from scratch daily<br> • Large portions designed for sharing<br> • Lower incremental delivery pricing versus peers<br> • Fully integrated systems for better execution<br> • Separate bakery counter and register for pick-up of orders<br>Exceptional Value<br>Operational Execution<br> • Omni channel ordering – Online Delivery Phone In-person<br> • Curbside delivery, geo-location and real-time tracking<br> • Redesigned to-go packaging to improve food quality<br>Guest Experience and Convenience<br>9% 11% 16%<br>43% 32% 25% 22% 22% 21%<br>OFF-PREMISE SALES % OF TOTAL REVENUE<br>OFF-PREMISE AWS FOR FY 2023(2)<br>$51.9<br>$25.2<br>$22.6<br>$20.5<br>$18.1<br>$17.7<br>$15.2<br>$15.2<br>$14.7<br>$12.6<br>Olive Garden<br>Carrabba's<br>BJ's<br>Texas Roadhouse<br>Chili's<br>Outback<br>Cracker Barrel<br>Red Robin<br>LongHorn<br>(1) $2.6 million in off-premise sales per restaurant is annualized based on 2Q24.<br>(2) Company reports and Gordon Haskett Research Advisors.<br>($ in thousands)<br>$2.6 million per restaurant (1)<br><br>LEVERAGING OUR DIFFERENTIATED POSITIONING TO<br>DRIVE THE HIGHEST OFF-PREMISE AVERAGE WEEKLY SALES
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12<br>ICONIC<br>BRAND<br>AND<br>CULT<br>STATUS
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Followers(1) (in thousands)<br>Followers / $M Sales(2)<br>Followers / $M Sales Instagram Followers<br>0 200 400 600 800 1,000 1,200<br>CAKE<br>Maggiano's<br>Outback<br>Bonefish<br>Olive Garden<br>YardHouse<br>Chili's<br>Cracker Barrel<br>BJ's Restaurants<br>LongHorn<br>Carrabba's<br>Texas Roadhouse<br> - 75 150 225 300 375 450<br>CAKE<br>Maggiano's<br>Outback<br>Bonefish<br>Olive Garden<br>YardHouse<br>Chili's<br>Cracker Barrel<br>BJ's Restaurants<br>LongHorn<br>Carrabba's<br>Texas Roadhouse<br>13<br>STRONG<br>CONSUMER<br>ENGAGEMENT<br>CAKE has more Instagram followers<br>and significantly outpaces peers in<br>followers relative to sales<br>Leveraging the STRENGTH OF<br>OUR BRAND across social media<br>channels to ENGAGE WITH OUR<br>CONSUMERS and further<br>ENHANCE BRAND AWARENESS<br>MILLIONS OF FOLLOWERS<br>(1) Instagram Follower count as of May 3, 2024.<br>(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<br>14<br>Diverse<br>Appeal<br>Across a broad<br>demographic range<br>Extensive<br>Menu<br>Something for every taste,<br>every price point<br>Special<br>Occasions<br>Seen as a destination for<br>experiential dining<br>Signature<br>Desserts<br>High-quality cheesecakes<br>and desserts<br>Consumers (millennials in particular)<br>regularly rank the Cheesecake Factory<br>as one of the best chain restaurants,<br>as well as having the best<br>ambiance and the best quality food.<br>A chain restaurant triple threat if there<br>was ever one.<br>-Vox, December 24, 2022<br>Sources:<br>(1) The Cheesecake Factory Ranks No. 1 in Casual Dining Online Reputation Study, SOCi Marketing Study, FSR Magazine, December 12, 2023.<br>(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®<br>15<br>PROGRAM<br>OBJECTIVE<br>A SURPRISE and DELIGHT program<br>To leverage data analytics to engage more effectively with<br>our guests and drive incremental sales while maintaining<br>our restaurant level margins<br>Published<br>Offers<br>To support<br>member<br>acquisition and<br>on-going<br>engagement<br>Offered to all<br>rewards members<br>Unpublished<br>Offers<br>To surprise and<br>delight our guests<br>and drive<br>incremental<br>member visits<br>Tailored rewards<br>offered to all members<br>Marketable<br>Offers<br>To leverage key<br>marketable<br>moments to drive<br>increased<br>engagement<br>Offered to all<br>rewards members<br>Opportunity to drive incremental traffic
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$12.2<br>$9.7 $9.5 $7.6 $6.1 $5.6 $4.9 $4.1 $3.6 $3.4 $3.3<br>Yard House Maggiano's Texas<br>Roadhouse<br>BJ's Olive<br>Garden<br>LongHorn Outback Carrabba's Chili's Bonefish<br>With a Moderate Average Check (1)<br>Driving the Highest Unit Volumes in the Industry(1)<br>($ in millions)<br>$35 $34 $32 $31 $28 $28 $25 $23 $22 $21 $19<br>Yard<br>House<br>Bonefish Maggiano's Outback LongHorn Carraba's Olive<br>Garden<br>Texas<br>Roadhouse<br>BJ's Chili's<br>16 (1) Latest SEC 10-K filings and company presentations.<br>(2) Average check for The Cheesecake Factory defined as on-premise average check for FY 2023.<br>(2)
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17
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18<br> • Filling White Space for an On-Trend, Contemporary Italian Offering<br> • Menu features classic Italian favorites with a fresh twist from hand-tossed pizzas and<br>homemade pastas to crave-worthy appetizers, salads and seasonal entrees<br> • Unique menu items tailored to local markets<br> • All dishes handmade from scratch daily<br> • Serving lunch, dinner, weekend brunch & weekday happy hour<br> • Robust selection of wine, beer and craft cocktails driving ~25% alcohol mix<br> • Average check of low to mid $30s for lunch and low to mid $40s for dinner
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19<br> • Potential for 200 domestic locations over time<br> • Currently have 39 locations in 13 states &<br>Washington D.C.<br> • Italian cuisine is the number one ethnic food<br>category in the United States<br> • Targeting ~20% average annual unit growth<br> • Attractive return profile and sales growth<br>Comp Sales<br>2Q24 (vs. 2Q23): 2%<br>FY ‘23 (vs. FY ‘22): 8%
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20
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• A differentiated concept in the growing fast casual dining segment<br> • 33 locations in 11 states<br> • Targeting ~15% - 20% average annual unit growth<br> • A healthy, balanced dining experience with organic, gluten-free and vegan dishes<br> • All dishes handmade from scratch daily<br> • Menu features customizable bowls, wraps, salads, veggies and healthy proteins<br> • Attractive consumer demographic<br> • Significant off-premise volumes - trending over 50% of sales(1)<br> • Separate take-out area for third-party delivery and take-out business<br>On a simple, soul-satisfying mission to spread positively delicious vibes and healthy food.<br>21 (1) As of Q2 2024 ending July 2, 2024.
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22
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FOX RESTAURANT CONCEPTS (FRC)<br>23<br>FRC HIGHLIGHTS<br> • Locations: 44<br> • Geographies 10 states<br> • FY 2023 Revenue(1) $264M<br>(1) Fiscal year 2023 revenue represents revenue for the twelve months ended January 2, 2024 and excludes revenue for Flower Child.<br>FRC serves as an incubation engine, innovating new food, dining and hospitality<br>experiences to create fresh, exciting concepts for the future<br>FRC’s experiential concepts are designed to deliver unique guest experiences across different<br>industry segments, occasions, square footage and geographies<br>Provides Diversification Accretive Unit Growth Potential Value Creation Opportunities<br> “Great hospitality, every time.”<br>- Sam Fox
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Culinary forward. First class hospitality. Concepts like no other.<br>DIVERSIFYING OUR PORTFOLIO ACROSS<br>EXPERIENTIAL FOR GROWTH<br>24<br>National<br>Expansion<br>Boutique<br>Brands<br>Incubation<br>Stage<br>Testing<br>Growth<br>Global<br>Footprint
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25<br>Accelerating Unit Growth<br>AS MANY AS 22 NEW UNITS IN 2024 11 NROs YTD<br>13 New Restaurants Opened in 2022 16 New Restaurants Opened in 2023<br>ACCELERATING UNIT GROWTH<br>As of July 31, 2024<br>Plano, TX<br>Charlotte, NC<br>Frontenac, MO<br>FLOWER<br>CHILD<br>Atlanta, GA<br>Birmingham, AL<br>Dallas, TX<br>CULINARY<br>DROPOUT<br>Houston, TX<br>Dallas, TX<br>Charlotte, NC<br>THE<br>CHEESECAKE<br>FACTORY<br>NORTH<br>ITALIA<br>THE<br>CHEESECAKE<br>FACTORY<br>Orem, UT Coronado, CA<br>BLANCO
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FINANCIAL<br>PERFORMANCE
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27<br>DRIVING STRONG SALES GROWTH<br>FY 2023<br>COMP SALES<br>AVERAGE WEEKLY SALES (2)<br>FY 2023<br>AVERAGE WEEKLY SALES<br>Q2 2024<br>COMP SALES<br>AVERAGE WEEKLY SALES (2)<br>Q2 2024<br>vs 2022<br>3.0%<br>8%<br>vs 2022<br>3%<br>vs 2Q23<br>1.4%<br>2%<br>vs 2Q23<br>(6)%<br>~$241,000<br>Equates to $12.5M<br>Annualized AUV(1)<br>~$151,300<br>Equates to $7.9M<br>Annualized AUV(1)<br>~$134,100<br>Equates to $7.0M<br>Annualized AUV(1)<br>(1) 2Q24 Average Unit Volumes (AUV) annualized based on average weekly sales.<br>(2) FRC excludes Flower Child.
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Q2 2024 HIGHLIGHTS(1)<br>28<br>Total Revenue<br>$904M<br>Up 4% from PY<br>Adj. Net Inc. Margin<br>5.9%<br>Up 90 bps from PY<br>Capital Allocation<br>(1) A reconciliation of Non-GAAP measures can be found in the appendix.<br>(2) The Cheesecake Factory comparable sales outperformed the casual dining industry by 150 bps as measured by the Black Box casual dining index.<br>(3) Represents total company owned and operated restaurants across the US and Canada.<br>Adjusted EPS<br>$1.09<br>Up 24% from PY<br>The Cheesecake Factory<br>Comp Sales<br>1.4%<br>150 bps above<br>Industry<br>(2)<br>$29M<br>CapEx<br>$4M<br>Repurchases<br>$14M<br>Dividends<br>Unit Growth<br>5 NROs<br>Restaurant Count(3)<br>340<br>Up 6% from 321<br>in PY
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2024 UNDERLYING KEY ASSUMPTIONS(1)<br>29 (1) Assumes no material operating or consumer disruptions.<br>(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.<br>Consolidated Sales Approximately $3.58 Billion<br>CCF AUVs Approximately $12.4 Million<br>Net Income Margin Targeting 4.3% to 4.4% at the stated sales level<br>New Unit Growth<br>As many as 22 New Restaurant Openings<br> • 3 The Cheesecake Factory locations<br> • 6-7 North Italia locations<br> • 6-7 Flower Child locations<br> • 7-8 FRC restaurants<br>Capital Expenditure Approximately $180 Million - $200 Million<br>Dividend Program Q3 2024 dividend of $0.27 per share(2)<br>Share Repurchase Program Offset dilution from employee stock-based compensation<br>and support EPS(2)
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QUALITY GROWTH OPPORTUNITY<br>30<br>New Unit Growth Targets(1)<br>Size(2) Sales per Sq Ft(2) Annual Unit Growth<br>7,000 -10,000 ~$1,100 - $1,200 ~2% -3%<br>6,000 -7,000 ~$1,200 - $1,300 ~20%<br>3,000 -4,000 ~$1,100 - $1,200 ~15% -20%<br>3,500 -15,000 ~$1,100 ~10% -15%<br>Diversified Portfolio<br>Differentiated experiential concepts<br>diversified across industry segment, price<br>point, cuisine, occasion and real estate<br>Value Creation Opportunities<br>Leveraging brand power, operational<br>excellence, scale, supply chain and real<br>estate development expertise<br>1% - 2%<br>Comparable Sales Growth<br>LONG-TERM OUTLOOK<br>AVERAGE ANNUAL GROWTH TARGETS<br>7% - 8%<br>Top-line Revenue Growth<br>Attractive Growth Potential<br>Significant runway for future development<br>across portfolio of concepts to drive<br>accretive growth over time<br>(1) Illustrative example of new restaurant openings targeted size, sales per square foot and annual unit growth; Targets represent steady-state and typically have been reached after 3 years of operations.<br>(2) 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<br>(4.2)%<br>(6.8)%<br>(0.3)%<br>4.0% 4.2% 3.3% 2.6%<br>4.1% 3.8%<br>0.4% 0.9%<br>2.5%<br>(27.4)%<br>3.3%<br>10.5%<br>13.9%<br>(4.3)%<br>(8.7)%<br>(6.1)%<br>1.0% 2.0%<br>(0.9)% (1.6)%<br>0.8%<br>(0.4)%<br>(2.2)%<br>0.5% 1.4%<br>(24.0)%<br>(0.9)%<br>6.5%<br>10.3%<br>2008<br>Knapp-Track Index<br>Comparable Sales - Historical 2-year Stack(1),(2)<br>Industry Outperformance<br>During Economic<br>Downturn<br>Geographical<br>discrepancies<br>in dining<br>restrictions &<br>reopening<br>timelines<br>31<br>2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020(1) 2021(2) 2022(2) 2023(2)<br>Comparison to pre-pandemic sales (2019)<br>(1) 2020 results reflect the impact of the COVID-19 pandemic.<br>(2) Due to impact of COVID-19 pandemic on results 2021, 2022 and 2023 compare against 2019.
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DURABLE BUSINESS OVER TIME(1)<br>32<br>$0.84 $1.07 $1.42 $1.64 $1.88 $2.10 $1.97 $2.37<br>$2.83 $2.60 $2.51 $2.61<br>$(1.49)<br>$2.13<br>$1.51<br>$2.69<br>'08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23<br>Capital Allocation Detail<br>$85<br>$163<br>$128 $120 $112 $107<br>$135<br>$94<br>$158<br>$100<br>$163<br>$120<br>$(47)<br>$146<br>$50 $67<br>'08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23<br>$85 $37 $42 $77 $86 $106 $114 $154 $158 $139 $128 $99 $50 $67 $112 $152<br>$173<br>$52<br>$172 $101<br>$184 $141 $109 $146 $123 $109<br>$51<br>$4<br>$6 $63 $46<br>$13<br>$27 $30 $36<br>$42<br>$50 $56<br>$61<br>$16<br>$42 $53<br>64,009<br>44,545 49,050<br>'08 '09 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23<br>Capex / Investment Share Repurchases Common Stock Dividend Weighted Average Shares Outstanding<br>Adjusted Earnings/(Loss) Per Common Share Free Cash Flow<br>'20 '20<br>(1) A reconciliation of Non-GAAP measures can be found in the appendix. 2020 results reflect the impact of the pandemic and the issuance of 200,000 shares of Series A Convertible Preferred Stock.<br>An explanation regarding accounting reclassifications for prior years can be found in the 10-K and 10-Q.<br>(2) 2019 Capex / Investment does not include the acquisition of North Italia and Fox Restaurant Concepts.<br>(2)<br>(2)
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APPENDIX
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NON-GAAP RECONCILIATIONS<br>34<br>In addition to the results provided in accordance with the Generally Accepted Accounting Principles (“GAAP”)<br>in this presentation, the Company is providing non-GAAP measurements which present adjusted diluted net<br>income/(loss) per common share excluding the impact of certain items and free cash flow.<br>The non-GAAP measurements are intended to supplement the presentation of the Company’s financial results<br>in accordance with GAAP. The Company believes that the presentation of these items provides additional<br>information to facilitate the comparison of past and present financial results.<br>($ in millions) Fiscal Year<br>2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023<br>Cash flow from operations (1) $ 170 $ 200 $ 170 $ 197 $ 198 $ 213 $ 249 $ 248 $ 316 $ 239 $ 291 $ 219 $ 3 $ 213 $ 162 218<br>Capital expenditures / investments 85 37 42 77 86 106 114 154 158 139 128 99 50 67 112 152<br>Free cash flow(2) $ 85 $ 163 $ 128 $ 120 $ 112 $ 107 $ 135 $ 94 $ 158 $ 100 $ 163 $ 120 $ (47) $ 146 $ 50 $ 67<br>(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<br>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.<br>(2) Free cash flow may not add due to rounding.
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NON-GAAP RECONCILIATIONS<br>35<br>($ in thousands, except per share data) Fiscal Year Fiscal Quarter<br>2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2Q23 2Q24<br>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 $ 42,675 $ 52,444<br>- 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 (653) (188)<br>- Partial IRS settlement - - - (1,794) - - - - - - - - - - - - - -<br>- Termination of Interest rate swap - 7,421 7,376 - - - - - - - - - - 2,354 - - - -<br>- Chairman and CEO employment agreement - 2,550 - - - - - - - - - - - - - - -<br>- Proceeds from variable life insurance contract - (668) - - (419) - - - - - - - - - - - - -<br>- Loss on investment in unconsolidated affiliates - - - - - - - - - 479 4,754 13,439 - - - - - -<br>- Gain on investment in unconsolidated affiliates - - - - - - - - - - - (52,672) - - - - - -<br>- Acquisition-related costs - - - - - - - - - - - 5,270 2,699 - - - - -<br>- Acquisition-related contingent consideration, compensation<br>and amortization expenses/(benefit) (2) - - - - - - - - - - - 1,033 (3,872) 19,510 13,368 11,686 1,287 1,146<br>- Dividends on Series A preferred stock - - - - - - - - - - - - 13,485 18,661 - - - -<br>- Net income attributable to Series A preferred stock to apply if-converted method - - - - - - - - - - - - - 4,581 - - - -<br>- Direct and incremental Series A preferred stock issuance costs - - - - - - - - - - - - 10,257 - - - - -<br>- Assumed impact of potential conversion of Series A preferred<br>stock into common stock - - - - - - - - - - - - - - - - - -<br>- COVID-19 related costs (3) - - - - - - - - - - - - 22,963 4,917 - - - -<br>- Uncertain tax positions - - - - - - - - - - - - - 7,139 - - - -<br>- 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) (165) (249)<br>- One-time tax items (5) - - - - - - - - - (38,525) - - - - - - - -<br>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 $ 43,144 $ 53,153<br>Revenues $ 866,170 $ 904,042<br>Adjusted net income margin 5.0% 5.9%<br>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 $ 0.87 $ 1.08<br>- 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 (0.01) (0.00)<br>- Partial IRS settlement - - - (0.03) - - - - - - - - - - - - - -<br>- Termination of Interest rate swap - 0.12 0.12 - - - - - - - - - - 0.04 - - - -<br>- Chairman and CEO employment agreement - 0.04 - - - - - - - - - - - - - - - -<br>- Proceeds from variable life insurance contract - (0.01) - - (0.01) - - - - - - - - - - - - -<br>- Loss on investment in unconsolidated affiliates - - - - - - - - - 0.01 0.10 0.30 - - - - - -<br>- Gain on investment in unconsolidated affiliates - - - - - - - - - - - (1.18) - - - - - -<br>- Acquisition-related costs - - - - - - - - - - - 0.12 0.05 - - - - -<br>- Acquisition-related contingent consideration, compensation<br>and amortization expenses/(benefit) (2) -<br>- - - - - - - - - - 0.02 (0.08) 0.37 0.27 0.24 0.03 0.02<br>- Dividends on Series A preferred stock - - - - - - - - - - - - 0.27 0.35 - - - -<br>- Net income attributable to Series A preferred stock to apply if-converted method -<br>- - - - - - - - - - - - 0.09 - - - -<br>- Direct and incremental Series A preferred stock issuance costs - - - - - - - - - - - - 0.20 - - - - -<br>- Assumed impact of potential conversion of Series A preferred<br>stock into common stock -<br>- - - - - - - - - - - 0.80 (0.08) - - - -<br>- COVID-19 related costs (3) - - - - - - - - - - - - 0.46 0.09 - - - -<br>- Uncertain tax positions - - - - - - - - - - - - - 0.13 - - - -<br>- 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) (0.00) (0.01)<br>- One-time tax items (5) - - - - - - - - - (0.80) - - - - - - - -<br>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 $ 0.88 $ 1.09<br>(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.<br>(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.<br>(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.<br>(4) The tax effect assumes a tax rate based on the federal statutory rate and an estimated blended state tax rate.<br>(5) Fiscal 2017 includes a $38.5 million benefit to the income tax provision related to tax reform enacted in December 2017.<br>(6) Adjusted diluted net income/(loss) per share may not add due to rounding.
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