common stock subject to stock options that are currently exercisable or exercisable within 60 days of April 12, 2023 and RSUs that are expected to vest and settle within 60 days of April 12, 2023 are deemed to be outstanding and to be beneficially owned by the person holding such stock options or RSUs for purposes of computing the percentage ownership of that person but are not treated as outstanding for purposes of computing the percentage ownership of any other person.
(1)
Unless otherwise noted, the business address of each of those listed in the table above is 10150 Covington Cross Drive, Las Vegas, Nevada 89144.
(2)
The address of MGM Resorts International is 3600 Las Vegas Boulevard South, Las Vegas, Nevada 89109.
(3)
The address of Activision Publishing, Inc. is 3100 Ocean Park Boulevard, Santa Monica, California 90405.
(4)
Includes 406,300 shares of Class A common stock held by the Pascal Family Trust. Mr. Pascal is the trustee of the Pascal Family Trust. Does not include shares of Class A common stock issuable upon conversion of Class B common stock held by Mr. Pascal.
(5)
Consists of (i) 9,419,827 shares of Class B common stock held of record by DreamStreet Holdings, LLC, (ii) 2,913,005 shares of Class B common stock held of record by the Pascal Family Trust, (iii) 327,469 shares of Class B common stock held directly by the reporting person, and (iv) 1,864,324 shares of Class B common stock underlying options. Mr. Pascal is the manager of DreamStreet Holdings, LLC and the trustee of the Pascal Family Trust. Each outstanding share of our Class B common stock is convertible at any time at the election of the holder into one share of Class A common stock.
(6)
Includes 3,797,468 shares of Class B common stock held by PGP 2021 Irrevocable Trust and SJP 2021 Irrevocable Trust (collectively, the “Irrevocable Trusts”). The Irrevocable Trusts entered into irrevocable proxies and granted power of attorney to Mr. Pascal to vote the shares of Class B common stock held by the Irrevocable Trusts.
(7)
Includes (i) 25,510 shares of Class A common stock underlying RSUs granted on June 8, 2022 and vesting in 12 equal monthly installments commencing one month following the grant date, (ii) 1,018,784 shares of Class A common stock issuable upon exercise of warrants, and (iii) shares of Class A common stock held of record by J&H Investments, LLC. J&H Investments, LLC is co-owned 50/50 by The JM 2021 Irrevocable Trust and The HM 2021 Irrevocable Trust. James Murren is the trustee of The JM 2021 Irrevocable Trust and Heather Murren is the trustee of The HM 2021 Irrevocable Trust. James Murren and Heather Murren share voting and dispositive power with respect to the securities held by J&H Investments, LLC. Does not include 238,362 shares of Class A common stock that are unvested and subject to forfeiture if certain vesting conditions are not satisfied. The 238,362 shares of Class A common stock subject to forfeiture do not have any voting rights and will vest in two equal tranches if the closing price of the Class A common stock exceeds $12.50 and $15.00 per share, respectively, for any 20 trading days within any 30-trading day period commencing on October 27, 2021 and ending on June 21, 2026 (the shares will also vest based on the price targets in connection with a sale of the Company). If the vesting conditions are not met on before June 21, 2026 (subject to extension if a definitive agreement for a sale of the Company has been entered into prior to June 21, 2026), the shares not then-vested will be forfeited for no consideration.
(8)
Includes 25,510 shares of Class A common stock underlying RSUs granted on June 8, 2022 and vesting in 12 equal monthly installments commencing one month following the grant date.
(9)
Includes 25,510 shares of Class A common stock underlying RSUs granted on June 8, 2022 and vesting in 12 equal monthly installments commencing one month following the grant date. Does not include 4,794,359 shares of Class A common stock held by Icon Ventures IV, L.P., as to which Mr. Horowitz disclaims beneficial ownership except to the extent of his pecuniary interests in such shares.
(10)
Includes 25,510 shares of Class A common stock underlying RSUs granted on June 8, 2022 and vesting in 12 equal monthly installments commencing one month following the grant date. Also includes shares of Class A common stock held of record by The Judy K. Mencher Trust 2014.
(11)
Includes 25,510 shares of Class A common stock underlying RSUs granted on June 8, 2022 and vesting in 12 equal monthly installments commencing one month following the grant date. Does not include 16,647,124 shares of Class A common stock beneficially owned by MGM Resorts International, as to which Mr. Zanella disclaims beneficial ownership.
(12)
Includes (i) 300,428 shares of Class A common stock held of record by the Scott E. Peterson Trust, (ii) 135,945 shares of Class A common stock underlying options, and (iii) 150,000 shares of Class A common stock subject to RSUs that are expected to be vested and settled within 60 days of April 12, 2023. Mr. Peterson is the trustee of the Scott E. Peterson Trust.