DraftKings Inc. 32,000,000 Shares of Class A Common Stock Underwriting AgreementUnderwriting Agreement • October 9th, 2020 • DraftKings Inc. • Services-miscellaneous amusement & recreation • New York
DraftKings Inc., a Nevada corporation (the "Company"), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the "Underwriters"), for whom Credit Suisse Securities (USA) LLC and Goldman Sachs & Co. LLC are acting as representatives (the “Representatives” or “you”), an aggregate of 16,000,000 shares of Class A common stock, par value $0.0001 per share ("Class A Common Stock") of the Company and, at the election of the Underwriters, up to 4,800,000 additional shares of Class A Common Stock, and the stockholders of the Company named in Schedule II hereto (the "Selling Stockholders") propose, subject to the terms and conditions stated in this this Agreement, to sell to the Underwriters an aggregate of 16,000,000 shares of Class A Common Stock. The aggregate of 32,000,000 shares of Class A Common Stock to be sold by the Company and the Selling Stockholders is herein called the "Firm Shares
