Diamond Eagle Acquisition Corp. \ DE Sample Contracts

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 10, 2019, is made and entered into by and among Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), Eagle Equity Partners, LLC, a Delaware limited liability company (the “Sponsor”), Harry E. Sloan and the undersigned parties listed on the signature page hereto under “Holders” (each such party, together with the Sponsor, Harry E. Sloan and any person or entity who hereafter becomes a party to this Agreement pursuant to Section 5.2 of this Agreement, a “Holder” and collectively the “Holders”).

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INVESTMENT MANAGEMENT TRUST AGREEMENT
Investment Management Trust Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

This Investment Management Trust Agreement (this “Agreement”) is made effective as of May 10, 2019 by and between Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Trustee”).

35,000,000 Units1 Diamond Eagle Acquisition Corp. UNDERWRITING AGREEMENT
Underwriting Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), proposes to sell to you and, as applicable, to the several underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, 35,000,000 units (the “Units”) of the Company (said units to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to 5,250,000 additional units to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the term Underwriter shall mean either the singular or plural as the context requires. Certain capitalized terms used herein and

FORM OF INDEMNITY AGREEMENT
Indemnity Agreement • May 3rd, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • Delaware

THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of __________, 2019, by and between Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and __________ (“Indemnitee”).

Diamond Eagle Acquisition Corp. Los Angeles, CA 90067
Letter Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This letter (this “Letter Agreement”) is being delivered to you in accordance with the Underwriting Agreement (the “Underwriting Agreement”) entered into by and among Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and Deutsche Bank Securities Inc. and Goldman Sachs & Co. LLC, as representatives (the “Representatives”) of the several underwriters (each, an “Underwriter” and collectively, the “Underwriters”), relating to an underwritten initial public offering (the “Public Offering”), of up to 40,250,000 of the Company’s units (including up to 5,250,000 units that may be purchased to cover over-allotments, if any) (the “Units”), each comprised of one share of the Company’s Class A common stock, par value $0.0001 per share (the “Class A Common Stock”), and one-third of one redeemable warrant. Each whole warrant (each, a “Warrant”) entitles the holder thereof to purchase one share of Class A Common Stock at a price of $11.50 per share, subject to adjustment as des

DRAFTKINGS INC., as Issuer AND COMPUTERSHARE TRUST COMPANY, N.A., as Trustee INDENTURE Dated as of March 18, 2021 0% Convertible Senior Notes due 2028
Indenture • March 18th, 2021 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

INDENTURE dated as of March 18, 2021 between DraftKings Inc., a Nevada corporation, as issuer (the “Company”, as more fully set forth in Section 1.01), and Computershare Trust Company, N.A., as trustee (the “Trustee”, as more fully set forth in Section 1.01).

DraftKings Inc. [ ] Shares of Class A Common Stock Underwriting Agreement
Underwriting Agreement • October 5th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

DraftKings Inc., a Nevada corporation (the "Company"), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the "Underwriters"), for whom Credit Suisse Securities (USA) LLC and Goldman Sachs & Co. LLC are acting as representatives (the “Representatives” or “you”), an aggregate of [ ] shares of Class A common stock, par value $0.0001 per share ("Class A Common Stock") of the Company and the stockholders of the Company named in Schedule II hereto (the "Selling Stockholders") propose, subject to the terms and conditions stated in this this Agreement, to sell to the Underwriters an aggregate of [ ] shares of Class A Common Stock and, at the election of the Underwriters, up to [ ] additional shares of Class A Common Stock. The aggregate of [ ] shares of Class A Common Stock to be sold by the Company and the Selling Stockholders is herein called the "Firm Shares" and the aggregate of [ ] a

WARRANT AGREEMENT
Warrant Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

THIS WARRANT AGREEMENT (this “Agreement”), dated as of May 10, 2019, is by and between Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (in such capacity, the “Warrant Agent”, and also referred to herein as the “Transfer Agent”).

Diamond Eagle Acquisition Corp.
Securities Subscription Agreement • May 3rd, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

This agreement (the “Agreement”) is entered into on March 28, 2019 by and between Eagle Equity Partners LLC, a Delaware limited liability company (the “Subscriber” or “you”), and Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”, “we” or “us”). Pursuant to the terms hereof, the Company hereby accepts the offer the Subscriber has made to purchase 10,062,500 shares of Class B common stock, $0.0001 par value per share (the “Shares”), up to 1,312,500 of which are subject to forfeiture by you if the underwriters of the initial public offering (“IPO”) of units (“Units”) of the Company, do not fully exercise their over-allotment option (the “Over-allotment Option”). The Company and the Subscriber’s agreements regarding such Shares are as follows:

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • North Carolina

This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of October 21, 2016, by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., a Delaware corporation (“Borrower”), and amends and restates in its entirety that certain Loan and Security Agreement by and between Borrower and Bank, as successor in interest by merger with SQUARE 1 BANK, a North Carolina banking corporation, dated as of October 11, 2013 (the “Original Agreement”).

DraftKings Inc. 32,000,000 Shares of Class A Common Stock Underwriting Agreement
Underwriting Agreement • October 9th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

DraftKings Inc., a Nevada corporation (the "Company"), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the "Underwriters"), for whom Credit Suisse Securities (USA) LLC and Goldman Sachs & Co. LLC are acting as representatives (the “Representatives” or “you”), an aggregate of 16,000,000 shares of Class A common stock, par value $0.0001 per share ("Class A Common Stock") of the Company and, at the election of the Underwriters, up to 4,800,000 additional shares of Class A Common Stock, and the stockholders of the Company named in Schedule II hereto (the "Selling Stockholders") propose, subject to the terms and conditions stated in this this Agreement, to sell to the Underwriters an aggregate of 16,000,000 shares of Class A Common Stock. The aggregate of 32,000,000 shares of Class A Common Stock to be sold by the Company and the Selling Stockholders is herein called the "Firm Shares

PRIVATE PLACEMENT WARRANTS PURCHASE AGREEMENT
Private Placement Warrants Purchase Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

THIS PRIVATE PLACEMENT WARRANTS PURCHASE AGREEMENT, dated as of May 10, 2019 (as it may from time to time be amended and including all exhibits referenced herein, this “Agreement”), is entered into by and among Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and Eagle Equity Partners, LLC, a Delaware limited liability company (the “Sponsor”), and Harry E. Sloan (together with the Sponsor, the “Purchasers”).

FORM OF WARRANT AGREEMENT
Form of Warrant Agreement • May 9th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

THIS WARRANT AGREEMENT (this “Agreement”), dated as of __________, 2019, is by and between Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (in such capacity, the “Warrant Agent”, and also referred to herein as the “Transfer Agent”).

AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • August 6th, 2021 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Massachusetts

This Amended and Restated Executive Employment Agreement (“Agreement”) is entered into as August 5, 2021 (the “Effective Date”) by and between DraftKings Inc., a Nevada corporation (“Company”), and Jason Park (“Executive”).

PRIVATE PLACEMENT WARRANTS PURCHASE AGREEMENT
Private Placement Warrants Purchase Agreement • May 3rd, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

THIS PRIVATE PLACEMENT WARRANTS PURCHASE AGREEMENT, dated as of __________, 2019 (as it may from time to time be amended and including all exhibits referenced herein, this “Agreement”), is entered into by and among Diamond Eagle Acquisition Corp., a Delaware corporation (the “Company”), and Eagle Equity Partners, LLC, a Delaware limited liability company (the “Sponsor”), and Harry E. Sloan (together with the Sponsor, the “Purchasers”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • May 5th, 2022 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

This First Supplemental Indenture (this “Supplemental Indenture”) is made as of May 5, 2022, by and among DraftKings Holdings Inc. (formerly known as DraftKings Inc.), a Nevada corporation, as issuer (the “Company”), DraftKings Inc. (formerly known as New Duke Holdco, Inc.), a Nevada corporation and the parent company of the Company, as guarantor (“Parent”), and Computershare Trust Company, N.A., as Trustee (the “Trustee”) under the Indenture referred to below.

AGREEMENT AND PLAN OF MERGER Among GOLDEN NUGGET ONLINE GAMING, INC., DRAFTKINGS INC., NEW DUKE HOLDCO, INC., DUKE MERGER SUB, INC., and GULF MERGER SUB, INC. Dated as of August 9, 2021
Agreement and Plan of Merger • August 10th, 2021 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 9, 2021, is entered into by and among Golden Nugget Online Gaming, Inc., a Delaware corporation (the “Company”), DraftKings Inc., a Nevada corporation (“Parent”), New Duke Holdco, Inc., a Nevada corporation and a wholly owned Subsidiary of Parent (“Holdco”), Duke Merger Sub, Inc., a Nevada corporation and a wholly owned Subsidiary of Holdco (“Duke Merger Sub”), and Gulf Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Holdco (“Gulf Merger Sub” and, together with Duke Merger Sub, the “Merger Subs”). The Company, Parent, Holdco and the Merger Subs are referred to herein as the “Parties” and each, a “Party”.

ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • May 5th, 2022 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is entered into and effective as of May 5, 2022 by and among DraftKings Inc., a Nevada corporation (to be renamed “DraftKings Holdings Inc.” as of the Closing (as defined below)) (“Old DraftKings”), New Duke Holdco, Inc., a Nevada corporation (to be renamed “DraftKings Inc.” effective as of the Closing) (“New DraftKings”), and Computershare Inc., a Delaware corporation (“Computershare Inc.”), and its wholly owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively with Computershare Inc., “Computershare”).

FORM OF INDEMNIFICATION AGREEMENT
Form of Indemnification Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Nevada

This Indemnification Agreement (the “Agreement”) is made and entered into as of ____________, 2020 between DraftKings Inc., a Nevada corporation (the “Company”), and ____________ (“Indemnitee”).

FIRST AMENDMENT AMENDED AND RESTATED TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This First Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of July 28, 2017, by and between PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC. (“Borrower”).

EARNOUT ESCROW AGREEMENT
Earnout Escrow Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

This EARNOUT ESCROW AGREEMENT (this “Agreement”) is made and entered into as of April 23, 2020, by and among DraftKings Inc., a Nevada corporation (“DraftKings”), Shalom Meckenzie (“SM”) in his capacity as the SBT Sellers’ Representative (acting on behalf of the SBT Sellers and not in his personal capacity) (the “Representative”), Eagle Equity Partners LLC, Jeff Sagansky, Eli Baker and Harry E. Sloan (collectively, the “DEAC Founder Group”, and together with DraftKings and the Representative, sometimes referred to individually as a “Party” or collectively as the “Parties”), I.B.I. Trust Management, a trust company organized under the laws of the State of Israel (the “104H Trustee”) and Computershare Trust Company, N.A. (the “Escrow Agent”). Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the BCA (as defined herein).

ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is entered into and effective as of April 23, 2020 by and among Diamond Eagle Acquisition Corp., a Delaware corporation (“DEAC”), DEAC NV Merger Corp., a Nevada corporation and a wholly owned subsidiary of DEAC (to be renamed “DraftKings Inc.” effective as of the Closing (as defined below)) (“New DraftKings”), Continental Stock Transfer & Trust Company, a New York corporation (“Continental”) and Computershare Trust Company, N.A., a federally chartered trust company and Computershare Inc., a Delaware corporation (collectively, “Computershare”).

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AMENDMENT NO. 1 TO BUSINESS COMBINATION AGREEMENT
Business Combination Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This AMENDMENT NO. 1, dated as of April 7, 2020 (this “Amendment No. 1”), to the Business Combination Agreement (the “Agreement”), dated as of December 22, 2019, by and among DraftKings Inc., a Delaware corporation (“DK”), SBTech (Global) Limited, a company limited by shares, incorporated in Gibraltar and continued as a company under the Isle of Man Companies Act 2006, with registration number 014119V (“SBT”), the sellers set forth on the signature pages thereto (the “SBT Sellers”), Shalom Meckenzie, in his capacity as the SBT Sellers’ Representative, Diamond Eagle Acquisition Corp., a Delaware corporation (“DEAC”), DEAC NV Merger Corp., a Nevada corporation and a wholly-owned Subsidiary of DEAC (“DEAC Newco”) and DEAC Merger Sub Inc., a Delaware corporation and a wholly-owned Subsidiary of DEAC (“Merger Sub”, together with DK, SBT, the SBT Sellers, DEAC, DEAC Newco and Merger Sub, the “Parties”), is made by and among the Parties (with the SBT Sellers’ Representative acting on behalf o

AMENDED EXECUTIVE EMPLOYMENT AGREEMENT
Indemnification Agreement • August 6th, 2021 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Massachusetts

This Amended Executive Employment Agreement (“Agreement”) is made and effective as of April 23, 2020 (the “Effective Date”) by and between DraftKings Inc., a Nevada corporation (“Company”), and R. Stanton Dodge (“Executive”).

SUPPORT AND REGISTRATION RIGHTS AGREEMENT
Joinder Agreement • August 10th, 2021 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Delaware

THIS SUPPORT AGREEMENT, dated as of August 9, 2021 (the “Agreement”), by and among Tilman J. Fertitta, an individual resident of the State of Texas (“Fertitta”), Fertitta Entertainment, Inc., a Texas corporation (“FEI”), Landry’s Fertitta, LLC, a Texas limited liability company (“Landry’s Fertitta”), Golden Landry’s LLC, a Texas limited liability company (“Golden Landry’s”), Golden Fertitta, LLC, a Texas limited liability company (“Golden Fertitta” and together with Fertitta, FEI, Landry’s Fertitta and Golden Landry’s, the “Fertitta Parties”), DraftKings Inc., a Nevada corporation (“Parent”), and New Duke Holdco, Inc., a Nevada Corporation (“Holdco” and together with Parent, the “Parent Parties”) (the Parent Parties and the Fertitta Parties, each a “Party” and collectively, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Agreement and Plan of Merger, dated as of the date of this Agreement (as amended, supplemented o

FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of December 19, 2018, by and among PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC., CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • February 13th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • Massachusetts
Amendment No. 1 to STOCKHOLDERS Agreement
Stockholders Agreement • October 5th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Nevada

This AMENDMENT NO. 1, dated as of October 5, 2020 (this “Amendment”), is entered into by and among DraftKings Inc., a Nevada corporation (the “Company”), and the Stockholders. Capitalized terms used and not otherwise defined herein have the meanings set forth in the Stockholders Agreement, dated as of April 23, 2020 (the “Agreement”), by and among the Company and the Stockholders party thereto; and

EIGHTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 14th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation

This Eighth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of June 30, 2020, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., a Nevada corporation, DRAFTKINGS INC., a Delaware corporation, CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

BUSINESS COMBINATION AGREEMENT dated as of December 22, 2019 by and among DRAFTKINGS INC., SBTECH (GLOBAL) LIMITED, THE SBT SELLERS’ REPRESENTATIVE THE SBT SELLERS, DIAMOND EAGLE ACQUISITION CORP., DEAC NV MERGER CORP. and DEAC MERGER SUB INC.
Business Combination Agreement • December 23rd, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • Nevada

This BUSINESS COMBINATION AGREEMENT (this “Agreement”), dated as of December 22, 2019, is by and among DraftKings Inc., a Delaware corporation (“DK”), SBTech (Global) Limited, a company limited by shares, incorporated in Gibraltar and continued as a company under the Isle of Man Companies Act 2006, with registration number 014119V (“SBT”), the sellers set forth on the signature pages hereto (the “SBT Sellers”), Shalom Meckenzie, in his capacity as the SBT Sellers’ Representative, Diamond Eagle Acquisition Corp., a Delaware corporation (“DEAC”), DEAC NV Merger Corp., a Nevada corporation and a wholly-owned Subsidiary of DEAC (“DEAC Newco”) and DEAC Merger Sub Inc., a Delaware corporation and a wholly-owned Subsidiary of DEAC (“Merger Sub”). Each of DK, SBT, the SBT Sellers, DEAC and Merger Sub is individually a “Party” and collectively, the “Parties”.

THIRD AMENDMENT AND JOINDER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Third Amendment and Joinder to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of July 3, 2018 (the “Third Amendment Effective Date”), by and between PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC. (“Existing Borrower”), CROWN GAMING INC. (“Crown Gaming”) and CROWN DFS INC. (“Crown DFS” and together with Crown Gaming, each a “New Borrower” and collectively “New Borrowers” and together with Existing Borrower, each a “Borrower” and collectively, “Borrowers”).

SUBSCRIPTION AGREEMENT
Subscription Agreement • December 23rd, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • Delaware

This SUBSCRIPTION AGREEMENT (this “Subscription Agreement”) is entered into on December 22, 2019, by and between Diamond Eagle Acquisition Corp., a Delaware corporation that will be re-domiciled to Nevada in connection with the Transaction (as defined below) (the “Company”), and the undersigned subscriber (“Subscriber”).

DIAMOND EAGLE ACQUISITION CORP. Los Angeles, CA 90067
Letter Agreement • May 14th, 2019 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • New York

This letter agreement (this “Agreement”) by and among Diamond Eagle Acquisition Corp. (the “Company”), Eagle Equity Partners, LLC (the “Sponsor”) and Global Eagle Acquisition LLC, an affiliate of the Sponsor (“GEA”), dated as of the date hereof, will confirm our agreement that, commencing on the date the securities of the Company are first listed on The Nasdaq Capital Market (the “Listing Date”), pursuant to a Registration Statement on Form S-1 and prospectus filed with the U.S. Securities and Exchange Commission (the “Registration Statement”) and continuing until the earlier of the consummation by the Company of an initial business combination or the Company’s liquidation (in each case as described in the Registration Statement) (such earlier date hereinafter referred to as the “Termination Date”):

NINTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • October 5th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation

This Ninth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of September 14, 2020, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., a Nevada corporation, DRAFTKINGS INC., a Delaware corporation, CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Sixth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of August 15, 2019, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

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