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 Paul Liberman (“Executive”).
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is entered into and effective as of April 23, 2020 by and among Diamond Eagle Acquisition Corp., a Delaware corporation (“DEAC”), DEAC NV Merger Corp., a Nevada corporation and a wholly owned subsidiary of DEAC (to be renamed “DraftKings Inc.” effective as of the Closing (as defined below)) (“New DraftKings”), Continental Stock Transfer & Trust Company, a New York corporation (“Continental”) and Computershare Trust Company, N.A., a federally chartered trust company and Computershare Inc., a Delaware corporation (collectively, “Computershare”).
SEVENTH AMENDMENT AND JOINDER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 29th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation
This Seventh Amendment and Joinder to Amended and Restated Loan and Security Agreement (this “Seventh Amendment and Joinder”), dated as of April 23, 2020, is executed and delivered by DRAFTKINGS INC., a Nevada corporation (“New Borrower”), DRAFTKINGS INC., a Delaware corporation, CROWN GAMING INC., a Delaware corporation, and CROWN DFS INC., a Delaware corporation (individually, each a “Borrower” and collectively, “Borrowers”), and PACIFIC WESTERN BANK, a California state-chartered bank (“Bank”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to those terms in the Loan Agreement (as defined below).
