- COMMITMENTS AND CONTINGENCIES
Litigation
The Company is party to a number of pending legal proceedings related to matters that occurred in the normal course of business. Management does not expect that the outcome of any such proceedings, either individually or in the aggregate, will have a material effect on the Company’s financial position, results of operations and cash flows.
Contingent Gaming License Fees in Illinois
As required for its gaming licensure at American Place, the Company has accrued for a “Reconciliation Payment” that will be due to the State of Illinois over a long-term basis. The Reconciliation Payment is an amount equal to 75% of the adjusted gross receipts for the highest grossing 12-month period in the casino’s first three years of operations, offset by certain licensing fees already paid by the Company. To calculate its present value, such amount is discounted using the effective interest rate of the Revolving Credit Facility (see Note 5) and is remeasured each reporting period. This one-time fee will be paid in installments to reflect the construction and ramp-up of operations at the permanent American Place facility, which payments are expected to begin in 2027 and extend over a period ofsix years.
The estimated present value of the long-term obligation for the Company’s gaming license in Illinois consists of the following, and results in a corresponding increase to the Illinois gaming license valuation:
| | | | | | | |
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| (In thousands) · · September 30, · · December 31, |
|---|
| · · 2026 · · 2025 |
|---|
| Estimated IGB Reconciliation Fee | | | $57,060 | | | $56,300 |
|---|
| Less: Amount representing imputed interest(1) | | | (15,722) | | | (8,515) |
|---|
| Present value of IGB Reconciliation Fee(2) | | | $41,338 | | | $47,785 |
|---|
| (1) | Interest is imputed on this long-term obligation and its corresponding increase to the Illinois gaming license valuation, which approximates their fair values. |
| (2) | The current and noncurrent balances are located respectively within “Other accrued liabilities” and “Other long-term liabilities, net of current portion” on the condensed consolidated balance sheets. |
- EARNINGS (LOSS) PER SHARE
The table below reconciles basic and diluted loss per share of common stock:
| | | | | | | | | | | | | |
|---|
| (In thousands) · · Three Months Ended · · Nine Months Ended |
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| · · September 30, · · September 30, |
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| · · 2026 · · 2025 · · 2026 · · 2025 |
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| Numerator: · · · · · · · · |
|---|
| Net loss ─ basic | | | $(8,649) | | | $(7,678) | | | $(25,493) | | | $(27,826) |
|---|
| Net loss ─ diluted | | | $(8,649) | | | $(7,678) | | | $(25,493) | | | $(27,826) |
|---|
| | | | | | | | | | | | | |
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| Denominator: | | | | | | | | | | | | |
|---|
| Weighted-average common shares ─ basic | | | 36,643 | | | 36,111 | | | 36,417 | | | 36,000 |
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| Potential dilution from share-based awards | | | — | | | — | | | — | | | — |
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| Weighted-average common and common share equivalents ─ diluted | | | 36,643 | | | 36,111 | | | 36,417 | | | 36,000 |
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| Anti-dilutive share-based awards excluded from the calculation of diluted loss per share | | | 3,472 | | | 3,371 | | | 3,447 | | | 3,290 |
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- SEGMENT INFORMATION
The Company manages its reporting segments based on geographic regions within the United States and type of income. The Company’s management views the regions where each of its casino resorts are located as reportable segments, in addition to its contracted sports wagering segment. Reportable segments are aggregated based on geography, economic characteristics, types of customers, types of services and products provided, the regulatory environments in which they operate, and their management and reporting structure. Therefore, the Company has determined three reportable segments as follows: Midwest & South, West, and Contracted Sports Wagering (see Note 1).
The Company’s chief operating decision maker (“CODM”) is the chief executive officer.
The Company’s CODM assesses the performance of each segment by using Adjusted Segment EBITDA as the measure of segment profitability. Adjusted Segment EBITDA is defined as earnings before interest and other non-operating income (expense), taxes, depreciation and amortization, preopening expenses, impairment charges, asset write-offs, recoveries, gain (loss) from asset sales and disposals, project development and acquisition costs, non-cash share-based compensation expense, and corporate-related costs and expenses that are not allocated to each segment.
The Company’s CODM uses Adjusted Segment EBITDA for each segment predominantly in the annual budget and forecasting process. The CODM considers budget-to-actual variances and period-over-period fluctuations when making decisions about the allocation of operating and capital resources to each segment, as well as a basis for determining certain incentive compensation.
The following tables present the Company’s segment information:
| | | | | | | |
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| (In thousands) · · September 30, · · December 31, |
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| · · 2026 · · 2025 |
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| Total Assets | | | | | | |
|---|
| Midwest & South | | | $264,097 | | | $285,831 |
|---|
| West | | | 325,712 | | | 339,720 |
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| Contracted Sports Wagering | | | 1 | | | 168 |
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| Corporate and Other | | | 18,442 | | | 24,090 |
|---|
| | | | $608,252 | | | $649,809 |
|---|
| | | | | | | | | | | | | |
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| (In thousands) · · Three Months Ended September 30, 2026 |
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| · · · · · · Contracted · · |
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| · · · · · · Sports · · |
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| · · Midwest & South · · West · · Wagering · · Total |
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| Revenues | | | | | | | | | | | | |
|---|
| Casino | | | $49,987 | | | $13,068 | | | $— | | | $63,055 |
|---|
| Food and beverage | | | 8,608 | | | 1,873 | | | — | | | 10,481 |
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| Hotel | | | 1,845 | | | 2,709 | | | — | | | 4,554 |
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| Other operations,including contracted sports wagering | | | 1,625 | | | 550 | | | 1,512 | | | 3,687 |
|---|
| Total consolidated revenues | | | 62,065 | | | 18,200 | | | 1,512 | | | 81,777 |
|---|
| | | | | | | | | | | | | |
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| Less: | | | | | | | | | | | | |
|---|
| Payroll and related costs | | | 16,295 | | | 6,099 | | | — | | | 22,394 |
|---|
| Cost of sales | | | 4,693 | | | 934 | | | — | | | 5,627 |
|---|
| Gaming taxes and other(1) | | | 11,586 | | | 2,175 | | | 20 | | | 13,781 |
|---|
| Other segment items(2) | | | 15,854 | | | 7,954 | | | 70 | | | 23,878 |
|---|
| Total segment expenses | | | 48,428 | | | 17,162 | | | 90 | | | 65,680 |
|---|
| | | | | | | | | | | | | |
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| Adjusted Segment EBITDA | | | 13,637 | | | 1,038 | | | 1,422 | | | 16,097 |
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| Other operating costs and expenses: | | | | | | | | | | | | |
|---|
| Depreciation and amortization | | | | | | | | | | | | (9,452) |
|---|
| Corporate expenses | | | | | | | | | | | | (1,519) |
|---|
| Project development costs | | | | | | | | | | | | (10) |
|---|
| Stock-based compensation | | | | | | | | | | | | (696) |
|---|
| Operating income | | | | | | | | | | | | 4,420 |
|---|
| Other expense: | | | | | | | | | | | | |
|---|
| Interest expense, net | | | | | | | | | | | | (12,999) |
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| Loss before income taxes | | | | | | | | | | | | (8,579) |
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| Income tax provision | | | | | | | | | | | | 70 |
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| Net loss | | | | | | | | | | | | $(8,649) |
|---|
| (1) | Excludes real estate and property taxes. |
| (2) | For each reportable segment, the “Other segment items” category includes: |
| ● | Midwest & South and West ─ Advertising and marketing, rent expense, insurance, and other miscellaneous costs. |
| ● | Contracted Sports Wagering ─ Certain overhead expenses. |
| | | | | | | | | | | | | |
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| (In thousands) · · Three Months Ended September 30, 2025 |
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| · · · · · · Contracted · · |
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| · · · · · · Sports · · |
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| · · Midwest & South · · West · · Wagering · · Total |
|---|
| Revenues | | | | | | | | | | | | |
|---|
| Casino | | | $46,667 | | | $13,156 | | | $— | | | $59,823 |
|---|
| Food and beverage | | | 8,248 | | | 1,702 | | | — | | | 9,950 |
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| Hotel | | | 1,777 | | | 2,688 | | | — | | | 4,465 |
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| Other operations,including contracted sports wagering | | | 1,633 | | | 447 | | | 1,632 | | | 3,712 |
|---|
| Total consolidated revenues | | | 58,325 | | | 17,993 | | | 1,632 | | | 77,950 |
|---|
| | | | | | | | | | | | | |
|---|
| Less: | | | | | | | | | | | | |
|---|
| Payroll and related costs | | | 15,622 | | | 5,874 | | | — | | | 21,496 |
|---|
| Cost of sales | | | 4,460 | | | 827 | | | — | | | 5,287 |
|---|
| Gaming taxes and other(1) | | | 10,782 | | | 766 | | | 13 | | | 11,561 |
|---|
| Other segment items(2) | | | 15,909 | | | 7,317 | | | 77 | | | 23,303 |
|---|
| Total segment expenses | | | 46,773 | | | 14,784 | | | 90 | | | 61,647 |
|---|
| | | | | | | | | | | | | |
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| Adjusted Segment EBITDA | | | 11,552 | | | 3,209 | | | 1,542 | | | 16,303 |
|---|
| Other operating costs and expenses: | | | | | | | | | | | | |
|---|
| Depreciation and amortization | | | | | | | | | | | | (10,641) |
|---|
| Corporate expenses | | | | | | | | | | | | (1,491) |
|---|
| Project development costs | | | | | | | | | | | | (57) |
|---|
| Loss on sale of Stockman’s | | | | | | | | | | | | (4) |
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| Stock-based compensation | | | | | | | | | | | | (674) |
|---|
| Operating income | | | | | | | | | | | | 3,436 |
|---|
| Other expense: | | | | | | | | | | | | |
|---|
| Interest expense, net | | | | | | | | | | | | (11,128) |
|---|
| Loss before income taxes | | | | | | | | | | | | (7,692) |
|---|
| Income tax benefit | | | | | | | | | | | | (14) |
|---|
| Net loss | | | | | | | | | | | | $(7,678) |
|---|
| (1) | Excludes real estate and property taxes. |
| (2) | For each reportable segment, the “Other segment items” category includes: |
| ● | Midwest & South and West ─ Advertising and marketing, rent expense, insurance, and other miscellaneous costs. |
| ● | Contracted Sports Wagering ─ Credit loss expense net of recoveries, as well as certain overhead expenses. |
| | | | | | | | | | | | | |
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| (In thousands) · · Nine Months Ended September 30, 2026 |
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| · · · · · · Contracted · · |
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| · · · · · · Sports · · |
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| · · Midwest & South · · West · · Wagering · · Total |
|---|
| Revenues | | | | | | | | | | | | |
|---|
| Casino | | | $145,562 | | | $33,490 | | | $— | | | $179,052 |
|---|
| Food and beverage | | | 25,087 | | | 5,051 | | | — | | | 30,138 |
|---|
| Hotel | | | 5,243 | | | 7,251 | | | — | | | 12,494 |
|---|
| Other operations,including contracted sports wagering | | | 6,542 | | | 1,527 | | | 4,509 | | | 12,578 |
|---|
| Total consolidated revenues | | | 182,434 | | | 47,319 | | | 4,509 | | | 234,262 |
|---|
| | | | | | | | | | | | | |
|---|
| Less: | | | | | | | | | | | | |
|---|
| Payroll and related costs | | | 47,026 | | | 17,162 | | | — | | | 64,188 |
|---|
| Cost of sales | | | 13,557 | | | 2,555 | | | — | | | 16,112 |
|---|
| Gaming taxes and other(1) | | | 33,382 | | | 6,107 | | | 49 | | | 39,538 |
|---|
| Other segment items(2) | | | 46,652 | | | 22,316 | | | 150 | | | 69,118 |
|---|
| Total segment expenses | | | 140,617 | | | 48,140 | | | 199 | | | 188,956 |
|---|
| | | | | | | | | | | | | |
|---|
| Adjusted Segment EBITDA | | | 41,817 | | | (821) | | | 4,310 | | | 45,306 |
|---|
| Other operating costs and expenses: | | | | | | | | | | | | |
|---|
| Depreciation and amortization | | | | | | | | | | | | (30,443) |
|---|
| Corporate expenses | | | | | | | | | | | | (4,251) |
|---|
| Project development costs | | | | | | | | | | | | (69) |
|---|
| Stock-based compensation, net | | | | | | | | | | | | (1,503) |
|---|
| Operating income | | | | | | | | | | | | 9,040 |
|---|
| Other expense: | | | | | | | | | | | | |
|---|
| Interest expense, net | | | | | | | | | | | | (34,222) |
|---|
| Loss before income taxes | | | | | | | | | | | | (25,182) |
|---|
| Income tax provision | | | | | | | | | | | | 311 |
|---|
| Net loss | | | | | | | | | | | | $(25,493) |
|---|
| (1) | Excludes real estate and property taxes. |
| (2) | For each reportable segment, the “Other segment items” category includes: |
| ● | Midwest & South and West ─ Advertising and marketing, rent expense, insurance, and other miscellaneous costs. |
| ● | Contracted Sports Wagering ─ Certain overhead expenses. |
| | | | | | | | | | | | | |
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| (In thousands) · · Nine Months Ended September 30, 2025 |
|---|
| · · · · · · Contracted · · |
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| · · · · · · Sports · · |
|---|
| · · Midwest & South · · West · · Wagering · · Total |
|---|
| Revenues | | | | | | | | | | | | |
|---|
| Casino | | | $136,865 | | | $35,241 | | | $— | | | $172,106 |
|---|
| Food and beverage | | | 24,562 | | | 5,029 | | | — | | | 29,591 |
|---|
| Hotel | | | 5,325 | | | 6,702 | | | — | | | 12,027 |
|---|
| Other operations,including contracted sports wagering | | | 6,548 | | | 1,111 | | | 5,571 | | | 13,230 |
|---|
| Total consolidated revenues | | | 173,300 | | | 48,083 | | | 5,571 | | | 226,954 |
|---|
| | | | | | | | | | | | | |
|---|
| Less: | | | | | | | | | | | | |
|---|
| Payroll and related costs | | | 46,337 | | | 18,993 | | | — | | | 65,330 |
|---|
| Cost of sales | | | 12,568 | | | 2,457 | | | — | | | 15,025 |
|---|
| Gaming taxes and other(1) | | | 31,298 | | | 4,033 | | | 38 | | | 35,369 |
|---|
| Other segment items(2) | | | 45,683 | | | 22,995 | | | 200 | | | 68,878 |
|---|
| Total segment expenses | | | 135,886 | | | 48,478 | | | 238 | | | 184,602 |
|---|
| | | | | | | | | | | | | |
|---|
| Adjusted Segment EBITDA | | | 37,414 | | | (395) | | | 5,333 | | | 42,352 |
|---|
| Other operating costs and expenses: | | | | | | | | | | | | |
|---|
| Depreciation and amortization | | | | | | | | | | | | (31,836) |
|---|
| Corporate expenses | | | | | | | | | | | | (4,919) |
|---|
| Project development costs | | | | | | | | | | | | (231) |
|---|
| Loss on disposal of assets | | | | | | | | | | | | (6) |
|---|
| Loss on sale of Stockman’s, net | | | | | | | | | | | | (209) |
|---|
| Stock-based compensation, net | | | | | | | | | | | | (1,051) |
|---|
| Operating income | | | | | | | | | | | | 4,100 |
|---|
| Other expenses: | | | | | | | | | | | | |
|---|
| Interest expense, net | | | | | | | | | | | | (31,779) |
|---|
| Other | | | | | | | | | | | | (50) |
|---|
| | | | | | | | | | | | | (31,829) |
|---|
| Loss before income taxes | | | | | | | | | | | | (27,729) |
|---|
| Income tax provision | | | | | | | | | | | | 97 |
|---|
| Net loss | | | | | | | | | | | | $(27,826) |
|---|
| (1) | Excludes real estate and property taxes. |
| (2) | For each reportable segment, the “Other segment items” category includes: |
| ● | Midwest & South and West ─ Advertising and marketing, rent expense, insurance, and other miscellaneous costs. |
| ● | Contracted Sports Wagering ─ Credit loss expense net of recoveries, as well as certain overhead expenses. |