0001169232-04-000854 Sample Contracts

Contract
Credit Agreement • February 11th, 2004 • Cheesecake Factory Incorporated • Retail-eating places • California

CREDIT AGREEMENT (LINE OF CREDIT) (LETTER OF CREDIT SUB-FACILITY) This Agreement (the “Agreement”) is made and entered into as of December 30, 2003 by and between BANK OF THE WEST (the “Bank”) and THE CHEESECAKE FACTORY INCORPORATED (the “Borrower”), on the terms and conditions that follow, and replaces the amended line of credit and letter of credit subfacility agreement between Bank and Borrower dated October 1, 1996 (the “Predecessor Agreement”). SECTION 1 DEFINITIONS

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