Other Information.
−Removed: Letter Agreements
−Removed: On August 4, 2022, the Company entered into letter agreements with each of Messrs.
−Removed: Jason Robins, the Company’s Chief Executive Officer;
−Removed: Matthew Kalish, the Company’s President, DraftKings North America;
−Removed: and Paul Liberman, the Company’s President, Global Technology and Product, pursuant to which each executive officer agreed to a voluntary reduction in their respective base salaries to $1 for fiscal year 2022 (the “Base Salary Reductions”).
−Removed: The Base Salary Reductions do not modify any other rights under each of Messrs.
−Removed: Robins, Kalish and Liberman’s employment agreements that are determined by reference to such executive officer’s base salary (other than to the extent otherwise described in such letter agreements), and such provisions will continue to be applied based on the base salary rate in effect without giving effect to any Base Salary Reductions.
−Removed: Furthermore, the Base Salary Reductions are not intended to reduce any Company employee benefit provided to Messrs.
−Removed: Robins, Kalish and Liberman that is determined by reference to base salary, except that life and disability insurance will not be provided to Messrs.
−Removed: Robins, Kalish and Liberman during the applicable Base Salary Reduction period.
+Added: On and after November 2, 2022, certain DraftKings’ executives agreed to delay vesting of the third tranche of their restricted stock units granted under a long-term incentive plan and to add a service condition through an extended vesting date.
+Added: This modification impacts the issuance of approximately 4 million shares of DraftKings Inc.’s Class A common stock, which are now expected to vest approximately one year after the performance condition is met.
The following exhibits are filed as part of, or incorporated by reference into, this Quarterly Report on Form 10-Q.
Exhibit Index
−Removed: Agreement and Plan of Merger, by and among Old DraftKings, New DraftKings, GNOG, Duke Merger Sub, Inc.
−Removed: and Gulf Merger Sub, Inc., dated as of August 9, 2021 (incorporated by reference to Exhibit 2.1 to Old DraftKings’ Current Report on Form 8-K, filed with the SEC on August 10, 2021).
Certification of Chief Executive Officer pursuant to Rules 13a-14 and 15d-14 promulgated under the Securities Exchange Act of 1934.
13 unchanged sentences
** Furnished herewith.
−Removed: † Annexes, schedules and/or exhibits have been omitted pursuant to Item 601(b)(2) of Regulation S-K.
−Removed: The Company agrees to furnish supplementally a copy of any omitted attachment to the SEC on a confidential basis upon request.
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.
DRAFTKINGS INC.
−Removed: August 5, 2022
+Added: November 4, 2022
Chief Financial Officer
5 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.