1 unchanged sentence
Rule 10b5-1 Trading Plans
−Removed: During the three months ended June 30, 2023, none of the Company’s directors or executive officers adopted or terminated any contract, instruction or written plan for the purchase or sale of the Company’s securities that was intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) or any “non-Rule 10b5-1 trading arrangement.”
+Added: During the three months ended September 30, 2023, none of the Company’s directors or executive officers adopted or terminated any contract, instruction or written plan for the purchase or sale of the Company’s securities that was intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) or any “non-Rule 10b5-1 trading arrangement.”
Number Description of Exhibit
−Removed: 10.1 PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed on June 9, 2023.
−Removed: (SEC File No.
−Removed: 10.2 Form of Restricted Stock Unit Award Agreement (Stock-Settled) for the PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.2 to the Company’s Registration Statement on Form S-8 filed on June 16, 2023.
−Removed: (SEC File No.
−Removed: 10.3 Form of Restricted Stock Unit Award Agreement (Cash-Settled) for the PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.3 to the Company’s Registration Statement on Form S-8 filed on June 16, 2023.
−Removed: (SEC File No.
−Removed: 10.4 Form of Performance Unit Award Agreement (Stock-Settled) for the PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.4 to the Company’s Registration Statement on Form S-8 filed on June 16, 2023.
−Removed: (SEC File No.
−Removed: 10.5 Form of Restricted Stock Award Agreement for the PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.5 to the Company’s Registration Statement on Form S-8 filed on June 16, 2023.
−Removed: (SEC File No.
−Removed: 10.6 Form of Non-Qualified Stock Option Award Agreement for the PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.6 to the Company’s Registration Statement on Form S-8 filed on June 16, 2023.
−Removed: (SEC File No.
−Removed: 10.7 Form of Stock Appreciation Right Award Agreement for the PENN Entertainment, Inc.
−Removed: 2022 Long Term Incentive Compensation Plan, as amended, is hereby incorporated by reference to Exhibit 10.7 to the Company’s Registration Statement on Form S-8 filed on June 16, 2023.
−Removed: (SEC File No.
+Added: 4.1 Investment Agreement, dated as of August 8, 2023, by and between PENN Entertainment, Inc.
+Added: and ESPN, Inc., incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K filed on August 8, 2023 (SEC File No.
+Added: 4.2 Form of Warrant, incorporated by reference to Exhibit 4.2 to the Company’s Current Report on Form 8-K filed on August 8, 2023 (SEC File No.
+Added: 4.3 Registration Rights Agreement, dated as of August 8, 2023, by and between PENN Entertainment, Inc, and ESPN, Inc., incorporated by reference to Exhibit 4.3 to the Company’s Current Report on Form 8-K filed on August 8, 2023 ( SEC File No.
+Added: Form of Restricted Stock Unit Award Agreement (Stock-Settled) , as amended October 2, 2023, for the P ENN Entertainment , Inc.
+Added: 2022 Long Term Incentive Compensation Plan , as amended.
+Added: Form of Restricted Stock Unit Award Agreement (Cash-Settled) , as amended October 2, 2023, for the PENN Entertainment, Inc.
+Added: 2022 Long Term Incentive Compensation Plan, as amended.
+Added: Form of Performance Unit Award Agreement , as amended October 2, 2023, for the PENN Entertainment, Inc.
+Added: 2022 Long Term Incentive Compensation Plan, as amended.
+Added: Form of Restricted Stock Award Agreement , as amended October 2, 2023, for the PENN Entertainment, Inc.
+Added: 2022 Long Term Incentive Compensation Plan, as amended.
+Added: Form of Non-Qualified Stock Option Award Agreement , as amended October 2, 2023, for the PENN Entertainment, Inc.
+Added: 2022 Long Term Incentive Compensation Plan, as amended.
31.1* CEO Certification pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
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** Furnished herewith.
+Added: † Management contract or compensatory plan or arrangement
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.
PENN ENTERTAINMENT, INC.
−Removed: August 9, 2023 By:
+Added: November 2, 2023 By:
/s/ Christine LaBombard
2 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.