EXHIBIT 10.10 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is entered into this 12th day of April, 1999, between THE CHEESECAKE FACTORY INCORPORATED (the "Company") and DEBBY R. ZURZOLO (the "Employee"). WHEREAS, the Board of...Employment Agreement • August 13th, 1999 • Cheesecake Factory Incorporated • Retail-eating places • California
EXHIBIT 10.5 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is entered into this 14th day of August, 1997, between CHEESECAKE CORPORATION OF AMERICA (the "Company") and MICHAEL A. NAHKUNST (the "Employee"). WHEREAS, the Board of...Employment Agreement • March 30th, 1998 • Cheesecake Factory Incorporated • Retail-eating places • California
EXHIBIT 10.7 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "AGREEMENT") is entered into this 16th day of January, 1998, between THE CHEESECAKE FACTORY INCORPORATED (the "Company") and DAVID M. OVERTON (the "Employee"). WHEREAS, the Board of...Employment Agreement • August 11th, 1998 • Cheesecake Factory Incorporated • Retail-eating places • California
LOAN AGREEMENT dated as of December 3, 2010 among THE CHEESECAKE FACTORY INCORPORATED, The Lenders Party Hereto and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Administrative Agent, BANK OF THE WEST, as Syndication Agent and BANK OF AMERICA, N.A.,...Assignment and Assumption • February 23rd, 2011 • Cheesecake Factory Inc • Retail-eating places • New York
LOAN AGREEMENT dated as of December 3, 2010, among THE CHEESECAKE FACTORY INCORPORATED, the LENDERS party hereto, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent.
EMPLOYMENT AGREEMENTEmployment Agreement • March 4th, 2019 • Cheesecake Factory Inc • Retail-eating places • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into and effective as of this 13th day of February, 2019 (the “Effective Date”), between THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Company”), and Keith T. Carango (the “Executive”).
REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN THE CHEESECAKE FACTORY INCORPORATED AND RC CAKE HOLDINGS LLC Dated as of April 20, 2020Registration Rights Agreement • April 20th, 2020 • Cheesecake Factory Inc • Retail-eating places • Delaware
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is entered into as of April 20, 2020, by and between The Cheesecake Factory Incorporated, a Delaware corporation (including its successors and permitted assigns, the “Company”), and RC Cake Holdings LLC, a Delaware limited liability company (the “Investor”). Capitalized terms used but not defined elsewhere herein are defined in Exhibit A.
The Cheesecake Factory Incorporated 3,125,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • June 15th, 2021 • Cheesecake Factory Inc • Retail-eating places • New York
The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 3,125,000 shares of Common Stock, par value $0.01 per share, of the Company (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional 468,750 shares of Common Stock of the Company (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such additional shares of Common Stock of the Company granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The shares of Common Stock outstanding after giving effect to the sale of the Common Stock are referred to herein as the “Stock”.
INDEMNIFICATION AGREEMENTIndemnification Agreement • June 22nd, 2020 • Cheesecake Factory Inc • Retail-eating places • Delaware
This Indemnification Agreement, dated as of April 20, 2020, is made by and between The Cheesecake Factory Incorporated, a Delaware corporation and Paul D. Ginsberg, an individual.
EMPLOYMENT AGREEMENTEmployment Agreement • April 19th, 2013 • Cheesecake Factory Inc • Retail-eating places • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into and effective as of the 18th day of April, 2013 (the “Effective Date”), between THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Company”) and DAVID GORDON (the “Executive”).
AMENDED AND RESTATED LOAN AGREEMENT dated as of October 16, 2013 among THE CHEESECAKE FACTORY INCORPORATED, The Lenders Party Hereto and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Administrative Agent, BANK OF AMERICA, BANK OF THE WEST and WELLS...Assignment and Assumption • October 22nd, 2013 • Cheesecake Factory Inc • Retail-eating places • New York
AMENDED AND RESTATED LOAN AGREEMENT dated as of October 16, 2013, among THE CHEESECAKE FACTORY INCORPORATED, the LENDERS party hereto, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent.
to Employment AgreementSecond Amendment • January 5th, 2009 • Cheesecake Factory Inc • Retail-eating places • California
This Second Amendment to Employment Agreement (“Second Amendment”) is entered into as of December 30, 2008 by and between The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”) and Debby Zurzolo (the “Employee”).
Conversion AgreementConversion Agreement • June 15th, 2021 • Cheesecake Factory Inc • Retail-eating places • New York
------------------------------------------------------------------------------- THE CHEESECAKE FACTORY INCORPORATED ANDRights Agreement • August 18th, 1998 • Cheesecake Factory Incorporated • Retail-eating places • Delaware
AMENDED AGREEMENT OF GRANT OF STOCK OPTIONGrant of Stock Option • December 18th, 2006 • Cheesecake Factory Incorporated • Retail-eating places
This Amended Agreement of Grant of Stock Option (“Amended Agreement”), dated December 13, 2006 (“Amended Agreement Date”) amends that certain 2001 Stock Option Plan NonQualified Stock Option Agreement between the Grantee identified below and The Cheesecake Factory Incorporated, a Delaware corporation (“Original Agreement”), pursuant to the 1992 Performance Employee Stock Option Plan, as amended (“Plan”). In consideration of the promises and of the mutual agreements contained in this Amended Agreement, the parties hereto agree as follows:
2,000,000 SHARESUnderwriting Agreement • October 29th, 1997 • Cheesecake Factory Incorporated • Retail-eating places • New York
Amendment No. 2 to Rights AgreementRights Agreement • August 1st, 2008 • Cheesecake Factory Inc • Retail-eating places • Delaware
Pursuant to Section 27 of the Rights Agreement (the “Rights Agreement”), dated as of August 4, 1998, between The Cheesecake Factory Incorporated, a Delaware corporation (the “Corporation”), and Computershare Trust Company, N.A. (successor rights agent to U.S. Stock Transfer Corporation) as rights agent, the Corporation hereby amends the Rights Agreement as follows:
THE CHEESECAKE FACTORY INCORPORATED and U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of June 15, 2021 0.375% Convertible Senior Notes due 2026 CROSS REFERENCE TABLE*Supplemental Indenture • June 15th, 2021 • Cheesecake Factory Inc • Retail-eating places • New York
This Supplemental Indenture (as defined below) is being executed and delivered pursuant to Sections 2.2 and 9.1(i) of the Base Indenture to establish the terms, and provide for the issuance, of a new series of Securities (as defined in the Base Indenture) constituting the Company’s 0.375% Convertible Senior Notes due 2026 (the “Notes”).
SECOND AMENDED AND RESTATED LOAN AGREEMENT dated as of December 22, 2015 among THE CHEESECAKE FACTORY INCORPORATED, The Lenders Party Hereto and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Administrative Agent, BANK OF AMERICA, N.A., and WELLS FARGO...Assignment and Assumption • December 24th, 2015 • Cheesecake Factory Inc • Retail-eating places • New York
SECOND AMENDED AND RESTATED LOAN AGREEMENT dated as of December 22, 2015, among THE CHEESECAKE FACTORY INCORPORATED, the LENDERS party hereto, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent.
EMPLOYMENT AGREEMENTEmployment Agreement • March 28th, 2006 • Cheesecake Factory Incorporated • Retail-eating places • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into this _____ day of ________, 200_, between THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Company”) and ___________________(the “Executive”).
First Amendment to the Trust Agreement Under The Cheesecake Factory Incorporated Executive Savings PlanCheesecake Factory Inc • July 8th, 2008 • Retail-eating places • California
This First Amendment (“First Amendment”) to the Trust Agreement under The Cheesecake Factory Incorporated Executive Savings Plan (the “Trust Agreement”) is made and entered into by and between The Cheesecake Factory Incorporated, a Delaware corporation (“Employer”) and Wells Fargo Bank, N.A. (“Trustee”) as of the 22nd day of May, 2008.
AMENDMENT NO. 2 TO LOAN AGREEMENTLoan Agreement • January 6th, 2009 • Cheesecake Factory Inc • Retail-eating places • New York
AMENDMENT NO. 2, dated as of January 2, 2009 (this “Amendment”) among THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Borrower”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”).
First AmendmentEmployment Agreement • December 10th, 2007 • Cheesecake Factory Inc • Retail-eating places • California
This First Amendment to Employment Agreement (“First Amendment”) is entered into as of December 4, 2007 by and between The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”) and (the “Employee”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 6th, 2012 • Cheesecake Factory Inc • Retail-eating places
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of , 2012, between THE CHEESECAKE FACTORY INCORPORATED (the “Company”) and DAVID M. OVERTON (the “Employee”).
EMPLOYMENT AGREEMENTEmployment Agreement • July 20th, 2009 • Cheesecake Factory Inc • Retail-eating places • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of June 30, 2009 (“Date of this Agreement”), between THE CHEESECAKE FACTORY INCORPORATED (the “Company”) and DAVID M. OVERTON (the “Employee”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 22nd, 2006 • Cheesecake Factory Incorporated • Retail-eating places • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of December 30, 2003, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the "Agreement"). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
THIRD AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • April 2nd, 2015 • Cheesecake Factory Inc • Retail-eating places
THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of April 2, 2015, between THE CHEESECAKE FACTORY INCORPORATED (the “Company”) and DAVID M. OVERTON (“Employee”).
to Employment AgreementSecond Amendment • December 10th, 2007 • Cheesecake Factory Inc • Retail-eating places • California
This Second Amendment to Employment Agreement (“Second Amendment”) is entered into as of December 4, 2007 by and between The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”) and David M. Overton (the “Employee”).
OPTION AGREEMENT COUNTY OF NASH )Option Agreement • August 2nd, 2005 • Cheesecake Factory Incorporated • Retail-eating places • North Carolina
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 12th, 2013 • Cheesecake Factory Inc • Retail-eating places
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of November 11, 2013, between THE CHEESECAKE FACTORY INCORPORATED (the “Company”) and DAVID M. OVERTON (the “Employee”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 22nd, 2017 • Cheesecake Factory Inc • Retail-eating places • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of April 1, 2017 (“Effective Date”), between THE CHEESECAKE FACTORY INCORPORATED (the “Company”) and DAVID M. OVERTON (the “Executive”).
FIRST AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • November 8th, 2019 • Cheesecake Factory Inc • Retail-eating places • New York
THIS FIRST AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Amendment” and, together with the Original Agreement (as defined below), the “Agreement”) is entered into as of October 2, 2019, by and among (i) Fox Restaurant Concepts LLC, an Arizona limited liability company (the “Company”), (ii) The Cheesecake Factory Restaurants, Inc., a California corporation (“Purchaser”), and (iii) SWF Posse LLC, an Arizona limited liability company, as the appointed representative of Sellers (“Sellers’ Representative”). Purchaser, the Company and Sellers’ Representative shall each be referred to herein as a “Party” and collectively, the “Parties”. Capitalized terms used, but not defined, in this Amendment shall have the meanings ascribed thereto in the Original Agreement.
THIRD AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • February 22nd, 2022 • Cheesecake Factory Inc • Retail-eating places • New York
THIS THIRD AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Amendment” and, together with the Original Agreement (as defined below), the “Agreement”) is entered into as of January __, 2022, by and among (i) Fox Restaurant Concepts LLC, an Arizona limited liability company (the “Company”), (ii) The Cheesecake Factory Restaurants, Inc., a California corporation (“Purchaser”), and (iii) SWF Posse LLC, an Arizona limited liability company, as the appointed representative of Sellers (“Sellers’ Representative”). Purchaser, the Company and Sellers’ Representative shall each be referred to herein as a “Party” and collectively, the “Parties”. Capitalized terms used, but not defined, in this Amendment shall have the meanings ascribed thereto in the Original Agreement.
SUBSCRIPTION AGREEMENT BY AND BETWEEN THE CHEESECAKE FACTORY INCORPORATED AND RC CAKE HOLDINGS LLC Dated as of April 20, 2020Subscription Agreement • April 20th, 2020 • Cheesecake Factory Inc • Retail-eating places • Delaware
This SUBSCRIPTION AGREEMENT dated as of April 20, 2020 (this “Agreement”) is by and between The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”), and RC Cake Holdings LLC, a Delaware limited liability company (the “Purchaser”). Capitalized terms used but not defined herein have the meanings assigned to them in Exhibit A.
THE CHEESECAKE FACTORY INCORPORATED (Non-Qualified Option)Option Plan Agreement • February 6th, 2007 • Cheesecake Factory Incorporated • Retail-eating places
This Option Agreement is made this day of , between The Cheesecake Factory Incorporated, a Delaware Corporation (the “Company”), and the person named on Schedule A attached hereto, an employee of the Company or one of its Subsidiaries (“Employee”).
ContractEmployment Agreement • April 26th, 2001 • Cheesecake Factory Incorporated • Retail-eating places
EXHIBIT 10.11 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into this 6th day of March, 2001, between THE CHEESECAKE FACTORY INCORPORATED (the “Company”) and DAVID M. OVERTON (the “Employee”). WHEREAS, the Board of Directors of the Company (the “Board”) has approved and authorized the entry into this Agreement with the Employee; and WHEREAS, the parties desire to enter into this Agreement setting forth the terms and conditions for the employment relationship to the Employee with the Company. NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained and intending to be legally bound hereby, the Company and the Employee hereby agree as follows: 1. Employment. The Employee is employed as Chief Executive Officer and Chairman of the Board of the Company. In this capacity, the Employee shall have such duties and responsibilities as may be designated to him by the Board from time to time and as are not inconsistent wi
