EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Massachusetts
This Executive Employment Agreement (“Agreement”) is made and effective as of this 23rd day of April 2020 (the “Effective Date”) by and between DraftKings Inc., a Nevada corporation (“Company”), and Matthew Kalish (“Executive”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Nevada
This Indemnification Agreement (the “Agreement”) is made and entered into as of ____________, 2020 between DraftKings Inc., a Nevada corporation (the “Company”), and ____________ (“Indemnitee”).
EARNOUT ESCROW AGREEMENTEarnout Escrow Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York
This EARNOUT ESCROW AGREEMENT (this “Agreement”) is made and entered into as of April 23, 2020, by and among DraftKings Inc., a Nevada corporation (“DraftKings”), Shalom Meckenzie (“SM”) in his capacity as the SBT Sellers’ Representative (acting on behalf of the SBT Sellers and not in his personal capacity) (the “Representative”), Eagle Equity Partners LLC, Jeff Sagansky, Eli Baker and Harry E. Sloan (collectively, the “DEAC Founder Group”, and together with DraftKings and the Representative, sometimes referred to individually as a “Party” or collectively as the “Parties”), I.B.I. Trust Management, a trust company organized under the laws of the State of Israel (the “104H Trustee”) and Computershare Trust Company, N.A. (the “Escrow Agent”). Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the BCA (as defined herein).
STOCKHOLDERS AGREEMENTStockholders Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Nevada
This STOCKHOLDERS AGREEMENT (this “Agreement”), dated as of April 23, 2020, is entered into by and among DraftKings Inc., a Nevada corporation (the “Company”), DK Stockholder Group, DEAC Stockholder Group, SBT Stockholder Group and each other Person who after the date hereof acquires Common Stock of the Company and becomes party to this Agreement by executing a Joinder Agreement (such Persons, collectively with the DK Stockholder Group, DEAC Stockholder Group and SBT Stockholder Group, the “Stockholders”).
SHARE EXCHANGE AGREEMENT by and amongShare Exchange Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • Nevada
THIS SHARE EXCHANGE AGREEMENT (this “Agreement”), dated as of April 23, 2020, is entered into by and among DraftKings Inc., a Delaware corporation (“DraftKings”), Jason Robins (the “CEO”) and DEAC NV Merger Corp., a Nevada corporation (“Newco”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the BCA (as defined below). Following the NV Merger, Newco as the surviving entity will change its name to DraftKings Inc.
