Draftkings Inc.

, as administrative agent and collateral agent, providing for a senior secured revolving credit facility of up to $ 500.0 million (the Revolving Credit Facility ).

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

The Revolving Credit Facility has a maturity date of November 7, 2029.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

Revolving loans under the Revolving Credit Facility bear interest at the Company s election at either (i) Term SOFR (as defined in the Credit Agreement), plus an applicable margin ranging from 1.75 % to 2.25 % depending on the Company s Net First Lien Leverage Ratio (as defined in the Credit Agreement) or (ii) a base rate that is equal to the greatest of (a) the federal funds rate plus 0.50 %, (b) the prime rate and (c) Term SOFR for a one month interest period plus 1.00 %, in each case plus an additional applicable margin ranging from 0.75 % to 1.25 % depending on the Company s Net First Lien Leverage Ratio.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

In addition, the Company is required to pay a commitment fee quarterly in arrears ranging from 0.25 % to 0.375 % per annum of the unused portion of the Revolving Credit Facility depending on the Company s Net First Lien Leverage Ratio.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

As of June 30, 2026, the Credit Agreement provided a Revolving Credit Facility of up to $ 500.0 million, and there was no principal outstanding thereunder.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

As of June 30, 2026, $ 11.9 million in letters of credit were issued under the Revolving Credit Facility, with $ 488.1 million available for borrowing.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

DraftKings is committed to delivering responsible engagement tools and resources, while focusing on integrity and customer education.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

All statements, other than statements of historical fact, contained in this press release, including statements regarding guidance, DraftKings future results of operations or financial condition, strategic plans and focus, customer growth and engagement, offering initiatives, and the objectives and expectations of management for future operations (including launches in new jurisdictions and the expected timing thereof), are forward-looking statements.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

In some cases, you can identify forward-looking statements because they contain words such as anticipate, believe, confident, contemplate, continue, could, estimate, expect, forecast, going to, intend, may, plan, poised, potential, predict, project, propose, should, target, will, or would or the negative of these words or other similar terms or expressions, or by statements of vision, strategy or outlook.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

The performance of the Company s obligations under the Credit Agreement is secured by a first-priority security interest on substantially all of its assets.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026

DraftKings defines and calculates Adjusted EBITDA as net income (loss) before the impact of interest income or expense (net), income tax provision or benefit, and depreciation and amortization, and further adjusted for the following items stock-based compensation transaction-related costs litigation, settlement and related costs advocacy and other related legal expenses gain or loss on remeasurement of warrant liabilities and other non-recurring and non-operating costs or income, as described in the reconciliation below.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

DraftKings defines and calculates Adjusted Diluted Earnings (Loss) Per Share as diluted earnings (loss) per share attributable to common stockholders adjusted for the impact of amortization of acquired intangible assets discrete tax benefits attributed to acquisitions stock-based compensation transaction-related costs litigation, settlement and related costs advocacy and other related legal expenses gain or loss on remeasurement of warrant liabilities other non-recurring and non-operating costs or income and the tax impact of adjusting items, as described in the reconciliation below.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

Adjusted EBITDA and Adjusted Diluted Earnings (Loss) Per Share exclude certain expenses that are required in accordance with GAAP because they are non-recurring items (for example, in the case of transaction-related costs and advocacy and other related legal expenses), non-cash expenditures (for example, in the case of depreciation and amortization, remeasurement of warrant liabilities and stock-based compensation), or non-operating items which are not related to the Company s underlying business performance (for example, in the case of interest income and expense and litigation, settlement and related costs).

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

(4) Primarily includes external legal costs related to litigation and litigation settlement costs deemed unrelated to our ordinary-course business operations.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

These forward-looking statements are not guarantees of future performance, conditions or results, and involve a number of known and unknown risks, uncertainties, assumptions and other important factors, many of which are outside DraftKings control and that could cause actual results or outcomes to differ materially from those discussed in the forward-looking statements.

SEC original ↗Draftkings Inc. — Earnings release (8-K exhibit)EX-99Aug 7, 2026

Legal Proceedings 49 Item 1A.

SEC original ↗Draftkings Inc. — 10-Q Quarterly report10-QAug 7, 2026