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, respectively, for stock repurchases and payment of dividends, respectively. On July 27, 2022, we completed a modified Dutch auction tender offer (the “Offer”) and repurchased 4.7 million shares of our common stock for cash at a price of $22.00 per share for an aggregate purchase price of $103.3 million. As of September 30, 2022, there was $215.4 million available for use under the Capital Return Program, subject to limitations in its regulatory and debt agreements. Future share repurchases may be effected in various ways, which could include open-market or private repurchase transactions, accelerated stock repurchase programs, tender offers or other transactions. The amount, timing and terms of any return of capital transaction will be determined based on prevailing market conditions and other factors. There is no fixed time period to complete share repurchases. 63 The following table provides information about share repurchases made by the Company of its common stock during the quarter ended September 30, 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 (or approximate dollar value) that May Yet be Purchased Under the Plans or Programs July 1, 2022 - July 31, 2022 4,698 $ 22.00 4,698 $ 231,288 August 1, 2022 - August 31, 2022 369 24.04 369 222,415 September 1, 2022 - September 30, 2022 302 23.31 302 215,382 5,368 $ 22.21 (a) 5,368 $ 215,382 __________________________________ (a) Weighted-average. 64 ITEM 6. EXHIBITS EXHIBIT INDEX Exhibit No. Description 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 September 30, 2022, formatted in inline XBRL contained in Exhibit 101 ______________________________________________ * Filed herewith. 65 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 November 9, 2022. BALLY’S CORPORATION By: /s/ ROBERT M. LAVAN Robert M. Lavan Chief Financial Officer (Principal Financial and Accounting Officer) /s/ LEE D. FENTON Lee D. Fenton Chief Executive Officer (Principal Executive Officer) 66