DEFA14A 1 tm231827d3_defa14a.htm DEFA14A

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 14A

Proxy Statement Pursuant to Section 14(a) of

the Securities Exchange Act of 1934 (Amendment No. )

Filed by the Registrant x

Filed by a Party other than the Registrant ¨

Check the appropriate box:

¨ | Preliminary Proxy Statement

¨ | Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))

¨ | Definitive Proxy Statement

x | Definitive Additional Materials

¨ | Soliciting Material under §240.14a-12

The Cheesecake Factory Incorporated

(Name of Registrant as Specified In Its Charter)

(Name of Person(s) Filing Proxy Statement, if other than the Registrant)

Payment of Filing Fee (Check the appropriate box):

x | No fee required.

¨ | Fee paid previously with preliminary materials.

¨ | Fee computed on table in exhibit required by Item 25(b) per Exchange Act Rules 14a-6(i)(1) and 0-11.

Hextone, Inc.P.O. Box 9142Farmingdale, NY 11735Ricky CampanaP.O. Box 123456Suite 50051 Mercedes WayEdgewood, NY 11717FLASHID-JOB#Your Vote Counts!THE CHEESECAKE FACTORY INCORPORATED2023 Annual MeetingVote by May 31, 202311:59 PM ET148,294322,2241 OF230#You invested in THE CHEESECAKE FACTORY INCORPORATED and it's time to vote!You have the right to vote on proposals being presented at the Annual Meeting. This is an important notice regarding the availability of proxy material for the shareholder meeting to be held on June 01, 2023.Get informed before you voteView the Form 10-K, Notice & Proxy Statement online OR you can receive a free paper or email copy of the material(s) by requesting prior to May 18, 2023. If you would like to request a copy of the material(s) for this and/or future shareholder meetings, you may (1) visit www.ProxyVote.com, (2) call 1-800-579-1639 or (3) send an email to sendmaterial@proxyvote.com. If sending an email, please include your control number (indicated below) in the subject line. Unless requested, you will not otherwise receive a paper or email copy.For complete information and to vote, visit www.ProxyVote.comControl # XXXX XXXX XXXX XXXXSmartphone users Vote Virtually at the Meeting* Point your camera here and June 01, 2023 vote without entering a 10:00 AM PDTcontrol number Meeting live via the Internet - please visit www.virtualshareholdermeeting.com/CAKE2023*If you choose to vote these shares in person at the meeting, you must request a “legal proxy.” To do so, please follow the instructions at www.ProxyVote.com or request a paper copy of the materials, which will contain the appropriate instructions. Please check the meeting materials for any special requirements for meeting attendance.

Vote at www.ProxyVote.com Control # XXXX XXXX XXXX XXXXTHIS IS NOT A VOTABLE BALLOTThis is an overview of the proposals being presented at the upcoming shareholder meeting. Please follow the instructions on the reverse side to vote these important matters.THE CHEESECAKE FACTORY INCORPORATED2023 Annual Meeting Vote by May 31, 2023 11:59 PM ETVoting Items Board Recommends1. Election of DirectorsNominees:1A David Overton For 1B Edie A. Ames For1C Alexander L. Cappello For1D Khanh Collins For1E Adam S. Gordon For1F Jerome I. Kransdorf For1G Janice L. Meyer For1H Laurence B. Mindel For1I David B. Pittaway For1J Herbert Simon For2. To ratify the selection of KPMG LLP as the Company's independent registered public accounting firm for fiscal year For 2023, ending January 2, 2024.3. To approve, on a non-binding, advisory basis, the compensation of the Company's Named Executive Officers as For disclosed pursuant to the compensation disclosure rules of the Securities and Exchange Commission.4. To approve, on a non-binding advisory basis, the frequency of the stockholder advisory vote on the executive Year compensation (a "say-on-pay vote").NOTE: In addition, to transact such other business as may properly come before the Annual Meeting or any adjournment or postponement thereof.Under New York Stock Exchange rules, brokers may vote “routine” matters at their discretion if your voting instructions are not communicated to us at least 10 days before the meeting. We will nevertheless follow your instructions, even if the broker’s discretionary vote has already been given, provided your instructions are received prior to the meeting date.1.00000 322,224 FLASHID-JOB# 148,294