Park Jason's Form 4/A amendment
AmendedDraftKings Inc. (DKNG) · filed Jul 25, 2023
- Accession no.
- 0001104659-23-083958
- Filed
- Jul 25, 2023
- Trade date
- May 19, 2023
- Filing delay
- 67 days
- Rule 10b5-1 plan
- Not checked
- Original filed
- May 23, 2023
This filing lists 1 derivative transaction. It carries over 8 transactions from the original filing that it did not restate. Open-market sales total $9.27M. It was filed 67 days after the trade.
This amendment restates part of 0001104659-23-063758 (filed May 23, 2023). The transactions it did not restate still count and are listed below.
Reporting owners
A Form 4 can have several reporting owners, such as a person and a fund they control. Trade tables show the first one.
| Owner | Relationship to the company |
|---|---|
| Park JasonCIK 0001810235 | Officer (Chief Financial Officer) |
Non-derivative securities (Table I)
Acquisitions and disposals of common stock and similar shares, one row per line on the filing.
This filing has no transactions of this kind.
Derivative securities (Table II)
Options, warrants, restricted stock units and similar. Shares are the underlying shares; price and value are for the derivative itself, and the holding after is in derivative units.
| Trade date | Security | Transaction | Underlying shares | Unit price | Value | Held after | Ownership | Flags |
|---|---|---|---|---|---|---|---|---|
| May 19, 2023 | Class A Common Stock | MOption exerciseDisposed | −21,302 | $0.00 | $0 | 404,173 | Direct |
Carried over from the original filing
This amendment restates only part of the original filing. The original's other transactions still stand, and the trade tables on Livermore count them under this amendment.
From 0001104659-23-063758 (filed May 23, 2023).
Non-derivative securities (Table I)
| Trade date | Security | Transaction | Shares | Price | Value | Shares after | Ownership | Flags |
|---|---|---|---|---|---|---|---|---|
| May 19, 2023 | Class A Common Stock | MOption exerciseAcquired | +21,302 | $23.99 | +$511,034.98 | 516,524 | Direct | |
| May 19, 2023 | Class A Common Stock | SSaleDisposed | −1,340 | $24.00F4 | −$32,160 | 515,184 | Direct | |
| May 19, 2023 | Class A Common Stock | SSaleDisposed | −100,000 | $23.99F5 | −$2,399,000 | 415,184 | Direct | |
| May 22, 2023 | Class A Common Stock | MOption exerciseAcquired | +2,658 | –F6 | – | 417,842 | Direct | |
| May 22, 2023 | Class A Common Stock | FTax withholdingDisposed | −1,188 | $25.22 | −$29,961.36 | 416,654 | Direct | |
| May 22, 2023 | Class A Common Stock | SSaleDisposed | −200,000 | $25.00 | −$5,000,000 | 216,654 | Direct | |
| May 22, 2023 | Class A Common Stock | SSaleDisposed | −70,826 | $26.00 | −$1,841,476 | 0 | Indirect |
Derivative securities (Table II)
| Trade date | Security | Transaction | Underlying shares | Unit price | Value | Held after | Ownership | Flags |
|---|---|---|---|---|---|---|---|---|
| May 22, 2023 | Class A Common Stock | MOption exerciseDisposed | −2,658 | $0.00 | $0 | 26,587 | Direct |
Footnotes on the original
The footnotes that the prices of these transactions refer to on the original filing.
- F4
The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $23.79 to $24.33, inclusive. The Reporting Person has provided to the Issuer, and undertakes to provide any security holder of the Issuer or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the range set forth in footnotes 4 and 5 to this Form 4.
Referenced by the price of 1 transaction in Table I.
- F5
The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $23.74 to $24.40, inclusive. See the last sentence of footnote 4 to this Form 4 above.
Referenced by the price of 1 transaction in Table I.
- F6
No shares of Class A Common Stock were transferred or sold upon the vesting of the restricted stock units ("RSUs") other than to the Issuer to satisfy withholding taxes. The Reporting Person received the net of the 2,658 shares of Class A Common Stock underlying the RSUs listed in Table II, and 1,188 shares of Class A Common Stock withheld by the Issuer. Each RSU represents a contingent right to receive one share of the Issuer's Class A Common Stock.
Referenced by the price of 1 transaction in Table I.
Footnotes and remarks
Livermore keeps the footnotes that transaction prices refer to, all footnotes of amendments (Form 4/A) and the filing's remarks. Other footnotes, such as how indirect holdings are held or the details of a trading plan, are only in the original on SEC EDGAR.
- F1
The Reporting Person acquired shares of Class A Common Stock of the Issuer after the exercise of stock options in an exercise-and-hold transaction, and paid the aggregate exercise price in cash.
- F2
These stock options were granted on June 4, 2019. As of the date hereof, all of such remaining stock options have vested.
- F3
This Form 4/A is being filed to correct the number of derivative securities beneficially owned by the Reporting Person following the reported transaction. The original Form 4, filed on May 23, 2023 (the "Original Form 4") erroneously reported 0 derivative securities remaining. The corrected number of derivative securities remaining following this transaction is 404,173. This Form 4/A also amends the Original Form 4 by noting in footnote 2 to this Form 4/A above (footnote 8 to the Original Form 4) that all of such remaining stock options have vested, but have not yet been exercised. Other than as described in this footnote, there are no other changes from the Original Form 4, including the transactions triggering the Original Form 4.