0001104659-20-044514 Sample Contracts

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks • North Carolina

This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of October 21, 2016, by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., a Delaware corporation (“Borrower”), and amends and restates in its entirety that certain Loan and Security Agreement by and between Borrower and Bank, as successor in interest by merger with SQUARE 1 BANK, a North Carolina banking corporation, dated as of October 11, 2013 (the “Original Agreement”).

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FIRST AMENDMENT AMENDED AND RESTATED TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This First Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of July 28, 2017, by and between PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC. (“Borrower”).

FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of December 19, 2018, by and among PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC., CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

THIRD AMENDMENT AND JOINDER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Third Amendment and Joinder to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of July 3, 2018 (the “Third Amendment Effective Date”), by and between PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC. (“Existing Borrower”), CROWN GAMING INC. (“Crown Gaming”) and CROWN DFS INC. (“Crown DFS” and together with Crown Gaming, each a “New Borrower” and collectively “New Borrowers” and together with Existing Borrower, each a “Borrower” and collectively, “Borrowers”).

SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Sixth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of August 15, 2019, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Second Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of December 28, 2017, by and between PACIFIC WESTERN BANK (“Bank”) and DRAFTKINGS INC. (“Borrower”).

FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2020 • Diamond Eagle Acquisition Corp. \ DE • Blank checks

This Fifth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of March 28, 2019, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and DRAFTKINGS INC., CROWN GAMING INC., and CROWN DFS INC. (individually, each a “Borrower” and collectively, “Borrowers”).

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