Bally's Corp 10-Q

ITEM 2. UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS On June 14, 2019, we announced that the Board approved a capital return program (the “Capital Return Program”) under which we may expend a total of up to $250 million for a share repurchase program and payment of dividends. On February 10, 2020 and October 4, 2021, the Board approved an additional $100 million and $350 million for stock repurchases and payment of dividends, respectively. Share repurchases may be effected in various ways, which could include open-market or private repurchase transactions, accelerated share repurchase programs, tender offers or other transactions. The amount, timing and terms of any capital transactions will be determined based on prevailing market conditions and other factors, and may be suspended or discontinued at any time. There is no fixed time period to complete the capital returns. The following table provides information about share repurchases made by the Company of its common stock during the quarter ended March 31, 2022 (in thousands, except Average Price Paid per Share): Period Total Number of Shares Purchased Average Price Paid per Share Total Number of Shares Purchased as Part of Publicly Announced Plans or Programs Maximum Number of Shares that May Yet be Purchased Under the Plans or Programs January 1, 2022 - January 31, 2022 351 $ 37.90 351 $ 334,636 February 1, 2022 - February 28, 2022 — — — 334,636 March 1, 2022 - March 31, 2022 — — — 334,636 351 $ 37.90 (a) 351 $ 334,636 __________________________________ (a) Weighted-average. 57 ITEM 6. EXHIBITS EXHIBIT INDEX Exhibit No. Description 10.1 A mended and Restated Regulatory Agreement, dated February 17, 2022, by and among the Rhode Island Department of Business Regulation, the Division of Lotteries of the Rhode Island Department of Revenue, Bally’s Corporation, Twin River Management Group, Inc., UTGR, Inc. and Twin River-Tiverton, LLC (incorporated by reference to Exhibit 10.1 to the Company’s Form 8-K (File No. 001-38850) filed February 24, 2022) 10.2 Eighth Amendment to UTGR Master Video Lottery Terminal Contract, dated February 17, 2022, by and between the Division of Lotteries of the Rhode Island Department of Revenue and UTGR, Inc. (incorporated by reference to Exhibit 10.2 to the Company’s Form 8-K (File No. 001-38850) filed February 24, 2022) 10.3 Eighth Amendment to TRT Master Video Lottery Terminal Contract, dated February 17, 2022, by and between the Division of Lotteries of the Rhode Island Department of Revenue and Twin River-Tiverton, LLC (incorporated by reference to Exhibit 10.3 to the Company’s Form 8-K (File No. 001-38850) filed February 24, 2022) 10.4 Separation Agreement and Release, dated March 11, 2022 by and between Bally ’ s Corporation and Stephen Capp (incorporated by reference to Exhibit 10.1 to the Company’s Form 8-K (File No. 001-38850) filed March 14, 2022) 10.5 Employment Agreement, dated March 11, 2022, by and between Bally ’ s Corporation and Robert Lavan (incorporated by reference to Exhibit 10.2 to the Company’s Form 8-K (File No. 001-38850) filed March 14, 2022) 31.1* Certification of Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 31.2* Certification of Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 32.1* Certification of Chief Executive Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 32.2* Certification of Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 101.INS XBRL Instance Document - the instance document does not appear in the interactive data file because XBRL tags are embedded within the inline XBRL document 101.SCH Inline XBRL Taxonomy Extension Schema Document 101.CAL Inline XBRL Taxonomy Extension Calculation Linkbase Document 101.DEF Inline XBRL Taxonomy Extension Definition Linkbase Document 101.LAB Inline XBRL Taxonomy Extension Label Linkbase Document 101.PRE Inline XBRL Taxonomy Extension Presentation Linkbase Document 104 The cover page from Bally’s Corporation’s Quarterly report on Form 10-Q for the quarter ended March 31, 2022, formatted in inline XBRL contained in Exhibit 101 ______________________________________________ * Filed herewith. 58 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized, on May 5, 2022. BALLY’S CORPORATION By: /s/ ROBERT M. LAVAN Robert M. Lavan Executive Vice President and Chief Financial Officer (Principal Financial and Accounting Officer) /s/ LEE D. FENTON Lee D. Fenton Chief Executive Officer (Principal Executive Officer) 59