DraftKings Inc. [ ] Shares of Class A Common Stock Underwriting AgreementUnderwriting 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
NINTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan 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”).
