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.
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.
acknowledgment and support agreementAcknowledgment and Support Agreement • April 20th, 2020 • Cheesecake Factory Inc • Retail-eating places • Delaware
Reference is made to that certain Subscription Agreement, dated as of April 20, 2020 (the “Subscription Agreement”), between RC Cake Holdings LLC, a Delaware limited liability company (“Purchaser”), and The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”), pursuant to which the Company will issue and sell, and Purchaser will purchase, 200,000 shares (the “Shares”) of the Company’s Series A Convertible Preferred Stock, par value $.01 per share. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Subscription Agreement.
