0001104659-08-018005 Sample Contracts

26950 Agoura Road Calabasas Hills CA 91301 Contact: Sharon Drabeck RE: INTEREST RATE PROTECTION AGREEMENT DATE: March 5, 2008
Cheesecake Factory Inc • March 17th, 2008 • Retail-eating places

The purpose of this letter is to confirm the terms and conditions of the Derivative Transaction entered into between us on the Trade Date specified below (the “Specified Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the 1992 ISDA Master Agreement specified below.

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