Statistiche di base
| LEI | 549300WBFN23L9HI5N68 |
| CIK | 906780 |
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis.
These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to Empire Resorts, Inc.
SEC Filings (Chronological Order)
Questa pagina fornisce un elenco completo e cronologico dei depositi SEC, esclusi i documenti di proprietà che forniamo altrove.
| November 25, 2019 |
NYNY / Empire Resorts, Inc. 15-12B - - TERMINATION OF REGISTRATION UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. Commission File Number 1-12522 Empire Resorts, Inc. (Exact name of registrant as specified in its c |
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| November 15, 2019 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd - AMENDMENT TO SC 13D Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 32)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052305 (CUSIP Number) Steven L. Wilner Matthew P. Salerno James E. Langston Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, N |
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| November 15, 2019 |
8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 15, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| November 15, 2019 |
NYNY / Empire Resorts, Inc. S-8 POS - - S-8 POS S-8 POS As filed with the Securities and Exchange Commission on November 15, 2019 Registration No. |
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| November 15, 2019 |
Fourth Amended and Restated Bylaws of Empire Resorts, Inc. EX-3.1 Exhibit 3.1 FOURTH AMENDED AND RESTATED BYLAWS OF EMPIRE RESORTS, INC. A Delaware Corporation TABLE OF CONTENTS ARTICLE ONE: OFFICES 1.1 Registered Office and Agent 1 1.2 Other Offices 1 ARTICLE TWO: STOCKHOLDERS 2.1 Annual Meeting 1 2.2 Special Meeting 1 2.3 Place of Meetings 2 2.4 Notice 2 2.5 Voting List 2 2.6 Voting of Shares 2 2.7 Quorum 2 2.8 Required Vote; Withdrawal of Quorum 3 2.9 |
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| November 15, 2019 |
NYNY / Empire Resorts, Inc. S-8 POS - - S-8 POS S-8 POS As filed with the Securities and Exchange Commission on November 15, 2019 Registration No. |
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| November 15, 2019 |
NYNY / Empire Resorts, Inc. / Empire Resorts Inc - SC 13E3/A SC 13E3/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13E-3 RULE 13E-3 TRANSACTION STATEMENT UNDER SECTION 13(e) OF THE SECURITIES EXCHANGE ACT OF 1934 Amendment No. 4 EMPIRE RESORTS, INC. (Name of the Issuer) EMPIRE RESORTS, INC. TAN SRI LIM KOK THAY KIEN HUAT REALTY III LIMITED GENTING BERHAD GENTING MALAYSIA BERHAD GENTING (USA) LIMITED HERCULES TOPCO LLC HE |
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| November 15, 2019 |
NYNY / Empire Resorts, Inc. POS AM - - POS AM POS AM As filed with the Securities and Exchange Commission on November 15, 2019 Registration No. |
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| November 13, 2019 |
Submission of Matters to a Vote of Security Holders 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 13, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| November 8, 2019 |
NYNY / Empire Resorts, Inc. DEFA14A - - DEFA14A DEFA14A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of The Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy Statement ☒ Definitive Additional Materials ☐ Soliciting Material Pursuant to § 240. |
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| November 8, 2019 |
NYNY / Empire Resorts, Inc. DEFR14A - - DEFR14A DEFR14A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of The Securities Exchange Act of 1934 (Amendment No. |
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| November 8, 2019 |
NYNY / Empire Resorts, Inc. CORRESP - - SEC Response Letter 1345 AVENUE OF THE AMERICAS, 11th FLOOR NEW YORK, NEW YORK 10105 TELEPHONE: (212) 370-1300 FACSIMILE: (212) 370-7889 www. |
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| November 8, 2019 |
NYNY / Empire Resorts, Inc. / Empire Resorts Inc - SC 13E3/A SC 13E3/A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. |
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| November 7, 2019 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2019 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC |
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| November 6, 2019 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 6, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| November 6, 2019 |
NYNY / Empire Resorts, Inc. DEFA14A - - FORM 8-K Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 6, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| November 4, 2019 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 31)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052305 (CUSIP Number) Steven L. Wilner Matthew P. Salerno James E. Langston Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, N |
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| October 30, 2019 |
Exhibit 10.1 Exhibit 10.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of October 30, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amended and restate |
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| October 30, 2019 |
Unregistered Sales of Equity Securities, Financial Statements and Exhibits Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 30, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| October 30, 2019 |
Please Contact MacKenzie Partners Today To vote Your Empire Resorts Shares Exhibit 99.1 Exhibit 99.1 Please Contact MacKenzie Partners Today To vote Your Empire Resorts Shares October 29, 2019 Dear Empire Resorts Stockholder: We recently mailed you a proxy statement in connection with the Special Meeting of Empire Resorts Stockholders scheduled for November 13, 2019. At the meeting stockholders are being asked vote on and approve, among other things, the merger of Empire |
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| October 30, 2019 |
Financial Statements and Exhibits, Other Events Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 29, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| October 30, 2019 |
NYNY / Empire Resorts, Inc. DEFA14A - - FORM 8-K Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 29, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| October 30, 2019 |
Reminder letter dated October 29, 2019 Exhibit 99.1 Exhibit 99.1 Please Contact MacKenzie Partners Today To vote Your Empire Resorts Shares October 29, 2019 Dear Empire Resorts Stockholder: We recently mailed you a proxy statement in connection with the Special Meeting of Empire Resorts Stockholders scheduled for November 13, 2019. At the meeting stockholders are being asked vote on and approve, among other things, the merger of Empire |
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| October 30, 2019 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 30)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052305 (CUSIP Number) Steven L. Wilner Matthew P. Salerno James E. Langston Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, N |
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| October 11, 2019 |
NYNY / Empire Resorts, Inc. DEFM14A - - DEFM14A DEFM14A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of The Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definitive Proxy Statement ☐ Definitive Additional Materials ☐ Soliciting Material Pursuant to § 240. |
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| October 11, 2019 |
NYNY / Empire Resorts, Inc. / Empire Resorts Inc - SC 13E3/A SC 13E3/A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. |
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| October 10, 2019 |
NYNY / Empire Resorts, Inc. PRER14A - - PRER14A PRER14A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of The Securities Exchange Act of 1934 (Amendment No. |
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| October 10, 2019 |
NYNY / Empire Resorts, Inc. CORRESP - - CORRESP 1345 AVENUE OF THE AMERICAS, 11th FLOOR NEW YORK, NEW YORK 10105 TELEPHONE: (212) 370-1300 FACSIMILE: (212) 370-7889 www. |
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| October 10, 2019 |
NYNY / Empire Resorts, Inc. / Empire Resorts Inc - SC 13E3/A SC 13E3/A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. |
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| October 1, 2019 |
8-K 1 d806500d8k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 30, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdict |
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| October 1, 2019 |
EX-3.1 Exhibit 3.1 Execution Version CERTIFICATE OF AMENDMENT OF AMENDED AND RESTATED CERTIFICATE OF THE DESIGNATIONS, POWERS PREFERENCES AND RIGHTS OF THE SERIES F CONVERTIBLE PREFERRED STOCK ($0.01 PAR VALUE PER SHARE) OF EMPIRE RESORTS, INC. A DELAWARE CORPORATION PURSUANT TO SECTION 242 OF THE GENERAL CORPORATION LAW OF THE STATE OF DELAWARE Empire Resorts, Inc., a corporation duly organized a |
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| October 1, 2019 |
Limited Waiver and Second Amendment to Delayed Draw Term Loan Credit Agreement EX-10.1 Exhibit 10.1 LIMITED WAIVER AND SECOND AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT THIS LIMITED WAIVER AND SECOND AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT (this “Amendment”), dated as of September 30, 2019 and effective as of the Effective Date (as hereinafter defined), is made and entered into by and among EMPIRE RESORTS, INC., a Delaware corporation (the “Borrower”), |
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| September 24, 2019 |
NYNY / Empire Resorts, Inc. PREM14A - - PREM14A PREM14A 1 d771456dprem14a.htm PREM14A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of The Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as p |
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| September 24, 2019 |
EX-99.(C)(2) Exhibit (c)(2) CONFIDENTIAL July 22, 2019 Board of Directors Genting Malaysia Berhad 24th Floor, Wisma Genting Jalan Sultan Ismail 50250 Kuala Lumpur To the Non-Interested Directors: Union Gaming Securities LLC and Affiliates (“Union Gaming”, “we” or “us”) understands that Genting Malaysia Berhad (“Genting” or the “Company”) together Kien Huat Realty III Limited (“Kien Huat”), is cont |
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| September 24, 2019 |
NYNY / Empire Resorts, Inc. / Empire Resorts Inc - SC 13E3 SC 13E3 Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. |
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| September 24, 2019 |
EX-99.(D)(4) Exhibit (d)(4) Execution Version KIEN HUAT REALTY III LIMITED August 18, 2019 Hercules Topco LLC c/o Genting Malaysia Berhad 24th Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Malaysia Re: Equity Financing Commitment Ladies and Gentlemen: Reference is made to the Agreement and Plan of Merger, dated as of the date hereof (as amended from time to time in accordance with the terms |
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| September 24, 2019 |
EX-99.MISC(2) Misc.(2) Lim Kok Thay 25th Floor, Wisma Genting Jalan Sultan Ismail 50250 Kuala Lumpur Malaysia September 23, 2019 To Whom It May Concern Authorisation to Sign and File Forms I hereby authorise and designate Mr Yap Chong Chew to sign and file on my behalf the Schedule 13E-3 and any other forms or documents which are required to be filed with the United States Securities and Exchange |
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| September 24, 2019 |
EX-99.(C)(3) Exhibit (c)(3) STRICTLY CONFIDENTIAL Project Bald Eagle Discussion Materials for the Special Committee of the Board of Directors of Empire Resorts, Inc August 6, 2019 STRICTLY CONFIDENTIAL Table of Contents I. Executive Summary 3 II. Framing the Analysis & Initial Observations 5 III. Analysis of the Joint Proposal 10 IV. Preliminary Overview of Cash Flow Scenarios 14 A. Management Bas |
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| September 24, 2019 |
EX-99.(D)(5) Exhibit (d)(5) Execution Version RESORTS WORLD OMNI, LLC August 18, 2019 Hercules Topco LLC c/o Genting Malaysia Berhad 24th Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Malaysia Re: Equity Financing Commitment Ladies and Gentlemen: Reference is made to the Agreement and Plan of Merger, dated as of the date hereof (as amended from time to time in accordance with the terms ther |
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| September 24, 2019 |
EX-99.MISC(1) Misc. (1) KIEN HUAT REALTY III LIMITED (Incorporated in the Isle of Man; Company No. 003489V) Registered Address: First Names House, Victoria Road, Douglas, Isle of Man IM2 4DF Please address all correspondence to: Wisma Genting, 21st Floor, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia. Tel No: 603-2178 2299, 603-2333 2299 Fax No: 603-2162 4951 September 20, 2019 To Whom It May |
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| September 23, 2019 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 29)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052305 (CUSIP Number) Steven L. Wilner Matthew P. Salerno James E. Langston Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, N |
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| September 23, 2019 |
EX-10.1 Exhibit 10.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of September 23, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amended and restated c |
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| September 23, 2019 |
Unregistered Sales of Equity Securities, Financial Statements and Exhibits 8-K 1 d769538d8k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 23, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other juri |
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| September 12, 2019 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 11, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorpora |
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| September 5, 2019 |
NYNY / Empire Resorts, Inc. DEF 14C - - DEF 14C DEF 14C SCHEDULE 14C INFORMATION STATEMENT PURSUANT TO SECTION 14(C) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. |
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| September 3, 2019 |
8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 30, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (C |
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| September 3, 2019 |
NYNY / Empire Resorts, Inc. DEFA14A - - 8-K 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 30, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (C |
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| August 26, 2019 |
NYNY / Empire Resorts, Inc. PRE 14C - - PRE 14C PRE 14C SCHEDULE 14C INFORMATION STATEMENT PURSUANT TO SECTION 14(C) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. |
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| August 26, 2019 |
Unregistered Sales of Equity Securities, Financial Statements and Exhibits 8-K 1 d799094d8k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 26, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdi |
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| August 26, 2019 |
EX-10.1 Exhibit 10.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of August 26, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amended and restated comm |
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| August 26, 2019 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 28)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052305 (CUSIP Number) Steven L. Wilner Matthew P. Salerno James E. Langston Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, N |
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| August 20, 2019 |
Kien Huat Realty III Limited SC-13D/A Exhibit 27 Kien Huat Realty III Limited August 18, 2019 Hercules Topco LLC c/o Genting Malaysia Berhad 24th Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Malaysia Re: Equity Financing Commitment Ladies and Gentlemen: Reference is made to the Agreement and Plan of Merger, dated as of the date hereof (as amended from time to time in accordance with the terms thereof, the “Merger Agreement”), by and among Hercules Topco LLC, a Delaware limited liability company (“Parent”), Hercules Merger Subsidiary Inc. |
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| August 20, 2019 |
Kien Huat Realty III Limited SC-13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 27)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner Matthew P. Salerno James E. Langston Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, N |
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| August 19, 2019 |
Press Release, dated August 19, 2019 EX-99.1 Exhibit 99.1 Empire Resorts to be Acquired by Kien Huat Realty III Limited and Genting Malaysia Berhad Transaction Provides a 15% Premium to Empire Resorts Stockholders Empire Resorts to Receive Credit Support Through Transaction Close MONTICELLO, N.Y. August 19, 2019 — Empire Resorts, Inc. (NasdaqGM: NYNY) (“Empire Resorts” or the “Company”) today announced a definitive agreement under wh |
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| August 19, 2019 |
EX-2.1 Exhibit 2.1 EXECUTION VERSION AGREEMENT AND PLAN OF MERGER by and among HERCULES TOPCO LLC, HERCULES MERGER SUBSIDIARY INC. and EMPIRE RESORTS, INC. Dated as of August 18, 2019 TABLE OF CONTENTS Page ARTICLE I THE MERGER Section 1.1 The Merger 2 Section 1.2 Closing 2 Section 1.3 Effective Time 3 Section 1.4 Effects of the Merger 3 Section 1.5 Certificate of Incorporation 3 Section 1.6 Bylaw |
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| August 19, 2019 |
Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Other Events Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 18, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporatio |
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| August 19, 2019 |
EX-2.2 Exhibit 2.2 EXECUTION VERSION Kien Huat Realty III Limited August 18, 2019 Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 Attention: Emanuel R. Pearlman, Executive Chairman of the Board of Directors Ryan Eller, President and Chief Executive Officer Re: Amendment to Letter Agreement, as last amended on May 7, 2019 Gentleme |
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| August 19, 2019 |
EX-2.3 Exhibit 2.3 Execution Version VOTING AGREEMENT This VOTING AGREEMENT (this “Agreement”), is dated as of August 18, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and the individuals and entities listed on Annex A (collectively, the “Stockholders” and each, a “Stockholder”). WHEREAS, concurrently with the execution and delivery of this Agreement, Hercules To |
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| August 19, 2019 |
EX-2.2 Exhibit 2.2 EXECUTION VERSION Kien Huat Realty III Limited August 18, 2019 Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 Attention: Emanuel R. Pearlman, Executive Chairman of the Board of Directors Ryan Eller, President and Chief Executive Officer Re: Amendment to Letter Agreement, as last amended on May 7, 2019 Gentleme |
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| August 19, 2019 |
NYNY / Empire Resorts, Inc. DEFA14A - - FORM 8-K Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 18, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporatio |
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| August 19, 2019 |
Press Release, dated August 19, 2019 EX-99.1 Exhibit 99.1 Empire Resorts to be Acquired by Kien Huat Realty III Limited and Genting Malaysia Berhad Transaction Provides a 15% Premium to Empire Resorts Stockholders Empire Resorts to Receive Credit Support Through Transaction Close MONTICELLO, N.Y. August 19, 2019 — Empire Resorts, Inc. (NasdaqGM: NYNY) (“Empire Resorts” or the “Company”) today announced a definitive agreement under wh |
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| August 19, 2019 |
EX-2.3 Exhibit 2.3 Execution Version VOTING AGREEMENT This VOTING AGREEMENT (this “Agreement”), is dated as of August 18, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and the individuals and entities listed on Annex A (collectively, the “Stockholders” and each, a “Stockholder”). WHEREAS, concurrently with the execution and delivery of this Agreement, Hercules To |
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| August 19, 2019 |
EX-2.1 Exhibit 2.1 EXECUTION VERSION AGREEMENT AND PLAN OF MERGER by and among HERCULES TOPCO LLC, HERCULES MERGER SUBSIDIARY INC. and EMPIRE RESORTS, INC. Dated as of August 18, 2019 TABLE OF CONTENTS Page ARTICLE I THE MERGER Section 1.1 The Merger 2 Section 1.2 Closing 2 Section 1.3 Effective Time 3 Section 1.4 Effects of the Merger 3 Section 1.5 Certificate of Incorporation 3 Section 1.6 Bylaw |
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| August 9, 2019 |
NYNY / Empire Resorts, Inc. 10-Q - Quarterly Report - 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2019 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (Ex |
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| August 6, 2019 |
EX-99.2 3 d784381dex992.htm EX-99.2 Exhibit 99.2 Empire Resorts Confirms Receipt of Proposal from Controlling Stockholder Advises Stockholders to Take No Action at This Time MONTICELLO, N.Y., Aug. 6, 2019 – Empire Resorts, Inc. (NasdaqGM: NYNY) (the “Company”), today confirmed that the special committee of its board of directors (the “Board”) has received an unsolicited proposal from Kien Huat Rea |
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| August 6, 2019 |
Regulation FD Disclosure, Financial Statements and Exhibits Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 5, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation |
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| August 6, 2019 |
Kien Huat Realty III Limited c/o 21st Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur EX-99.1 Exhibit 99.1 Kien Huat Realty III Limited c/o 21st Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Malaysia Special Committee of the Board of Directors Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, NY 12701 August 5, 2019 Members of the Special Committee: Further to the letter of July 25, 2019 (the “Prior Letter”) submitted by Ki |
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| August 6, 2019 |
Kien Huat Realty III Limited SC 13D/A Exhibit 24 TERM SHEET This binding term sheet (this “Term Sheet”), dated as of August 5, 2019, is entered into by Kien Huat Realty III Limited (“Kien Huat”), Genting Malaysia Berhad (“GenM”) and Genting (USA) Limited (“Gen USA” and together with Gen M, “Genting,” and Genting together with Kien Huat, the “Parties” and each a “Party”). |
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| August 6, 2019 |
Kien Huat Realty III Limited SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 26)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| July 25, 2019 |
Empire Resorts Announces Receipt of Letter from Controlling Stockholder Exhibit 99.2 Exhibit 99.2 Empire Resorts Announces Receipt of Letter from Controlling Stockholder MONTICELLO, N.Y. — (BUSINESS WIRE) — July 25, 2019 – Empire Resorts, Inc. (NasdaqGM: NYNY) (the “Company”), today announced that the special committee of its board of directors (the “Board”) has received a letter, dated July 25, 2019 (the “Letter”), from Kien Huat Realty III Limited (“KH”), its contro |
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| July 25, 2019 |
Kien Huat Realty III Limited c/o 21st Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Exhibit 99.1 Exhibit 99.1 Kien Huat Realty III Limited c/o 21st Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Malaysia Special Committee of the Board of Directors Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, NY 12701 July 25, 2019 Members of the Special Committee: Empire Resorts, Inc. (the “Company” or “Empire”) is at a critical junct |
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| July 25, 2019 |
Regulation FD Disclosure, Financial Statements and Exhibits UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 25, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commiss |
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| July 25, 2019 |
Letter of Authorization, given by Lim Kok Thay Kien Huat Realty III Limited SC 13D/A Exhibit 22 Lim Kok Thay 25th Floor, Wisma Genting Jalan Sultan Ismail 50250 Kuala Lumpur Malaysia July 25, 2019 To Whom It May Concern Authorisation To Sign and File Forms I hereby authorise and designate Mr Gerard Lim Ewe Keng or failing him, Mr Yap Chong Chew to sign and file on my behalf any Form 4, Schedule 13D Amendments and any other forms or documents relating to my interest in Empire Resorts Inc which are required to be filed with the United States Securities and Exchange Commission or any other regulatory bodies or authorities in the United States of America. |
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| July 25, 2019 |
Kien Huat Realty III Limited SC 13D/A Exhibit 20 Kien Huat Realty III Limited c/o 21st Floor Wisma Genting Jalan Sultan Ismail Kuala Lumpur Malaysia Special Committee of the Board of Directors Empire Resorts, Inc. |
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| July 25, 2019 |
Kien Huat Realty III Limited SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 25)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| July 25, 2019 |
Letter of Authorization, given by Kien Huat Realty III Limited Kien Huat Realty III Limited SC 13D/A Exhibit 21 KIEN HUAT REALTY III LIMITED (Incorporated in the Isle of Man; Company No. |
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| July 17, 2019 |
8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 17, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Com |
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| June 24, 2019 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 20, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| June 18, 2019 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 24)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| June 18, 2019 |
EX-19 2 kienhuat-13daex190618.htm SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of June 17, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amended and re |
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| June 17, 2019 |
Unregistered Sales of Equity Securities, Financial Statements and Exhibits UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 17, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commiss |
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| June 17, 2019 |
EX-10.1 2 d711825dex101.htm EX-10.1 Exhibit 10.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of June 17, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain |
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| May 23, 2019 |
Unregistered Sales of Equity Securities, Financial Statements and Exhibits Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 21, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| May 23, 2019 |
EX-10.1 Exhibit 10.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of May 21, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amended and restated commitm |
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| May 23, 2019 |
Kien Huat Realty III Limited May 7, 2019 Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 Attention: Emanuel R. Pearlman, Executive Chairman of the Board of Directors Ryan Eller, President and Chief Executive Officer Re: Amendment to November 6, 2018 Letter Agreement Gentlemen: Reference is made to that certain letter agreement be |
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| May 23, 2019 |
EX-18 3 kienhuat13daex18.htm SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of May 21, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amended and restated |
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| May 23, 2019 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 23)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| May 8, 2019 |
NYNY / Empire Resorts, Inc. 10-Q Quarterly Report 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2019 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (E |
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| May 6, 2019 |
Submission of Matters to a Vote of Security Holders 8-K 1 d727881d8k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 6, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdictio |
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| April 24, 2019 |
Costs Associated with Exit or Disposal Activities Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 23, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation |
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| April 2, 2019 |
424B3 Filed Pursuant to Rule 424(b)(3) Registration No. 333-208791 Prospectus Supplement No. 3 to Reoffer Prospectus of EMPIRE RESORTS, INC. 237,500 Shares of Common Stock, par value $0.01 per share Issuable Pursuant to the 2015 Equity Incentive Plan This Prospectus Supplement No. 3 dated April 2, 2019 (this “Supplement”), supplements the reoffer prospectus filed as part of the Registration Statem |
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| March 25, 2019 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 25, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation |
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| March 25, 2019 |
NYNY / Empire Resorts, Inc. DEFINITIVE PROXY STATEMENT DEF 14A 1 d719832ddef14a.htm DEFINITIVE PROXY STATEMENT Table of Contents SCHEDULE 14A PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Def |
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| March 15, 2019 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 12, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commis |
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| March 15, 2019 |
EX-4.13 2 empiremoc-revolvingloanag.htm EXHIBIT 4.13 EXECUTION VERSION REVOLVING LOAN AGREEMENT Dated as of November 30, 2018 between MONTREIGN OPERATING COMPANY, LLC, as Borrower, and EMPIRE RESORTS, INC., as Lender TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Section 1.01.Definitions 1 Section 1.02.General Construction 6 Section 1.03.Certain Terms 6 GENERAL TERMS 7 Section 2.01.The Loan 7 Sectio |
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| March 15, 2019 |
Exhibit 21.1 List of Subsidiaries of Empire Resorts, Inc.: Name State of Incorporation/Formation Alpha Monticello, Inc. Delaware Alpha Casino Management Inc. Delaware Monticello Raceway Management, Inc. New York Montreign Holding Company, LLC New York Montreign Operating Company, LLC New York Empire Resorts Real Estate I, LLC New York Empire Resorts Real Estate II, LLC New York |
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| March 15, 2019 |
EMPIRE RESORTS, INC. Common Stock Warrant EX-10.74 5 mhhawarrantexecutedmarch15.htm EXHIBIT 10.74 THE SECURITIES EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“SECURITIES ACT”), AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED OR HYPOTHECATED UNLESS THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT COVERING SUCH SECURITIES, THE SALE IS MADE IN ACCORDANCE WITH RULE 144 UNDER THE AC |
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| March 15, 2019 |
NYNY / Empire Resorts, Inc. 10-K (Annual Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2018 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (Exact |
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| March 15, 2019 |
Confidential Treatment Requested by Empire Resorts, Inc. IRS Employer Identification No. 13-3714474 Confidential treatment requested with respect to certain portions denoted with “[***]” SPORTSBOOK AND DIGITAL GAMING COLLABORATION AGREEMENT between EMPIRE RESORTS, INC. and HILLSIDE (NEW YORK) LLC November 14, 2018 1 TABLE OF CONTENTS Page Page ARTICLE 1 DEFINITIONS; RULES OF CONSTRUCTION; RECITALS |
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| March 15, 2019 |
EX-10.28 3 ex1028executioncopyhornere.htm EXHIBIT 10.28 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the “Agreement”) is dated as of March 11, 2019 and effective as of January 1, 2019 (the “Commencement Date”), by and between Empire Resorts, Inc., a Delaware corporation (including its subsidiaries, the “Company”), and Nanette L. Horner (the “Executive”, and the Company and the Executive collect |
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| February 22, 2019 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 22)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| February 21, 2019 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 21)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| February 20, 2019 |
EX-10.1 2 d709357dex101.htm EX-10.1 Exhibit 10.1 EXECUTION VERSION SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of February 20, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser ent |
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| February 20, 2019 |
Unregistered Sales of Equity Securities, Financial Statements and Exhibits Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 20, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporat |
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| February 11, 2019 |
NYNY / Empire Resorts, Inc. DEF 14C DEF 14C SCHEDULE 14C INFORMATION STATEMENT PURSUANT TO SECTION 14(C) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. |
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| February 1, 2019 |
NYNY / Empire Resorts, Inc. PRELIMINARY INFORMATION STATEMENT Preliminary Information Statement SCHEDULE 14C INFORMATION STATEMENT PURSUANT TO SECTION 14(C) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. |
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| January 22, 2019 |
Costs Associated with Exit or Disposal Activities, Other Events 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 22, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) ( |
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| January 7, 2019 |
Other Events, Shareholder Director Nominations Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 1, 2019 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporatio |
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| December 7, 2018 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 30, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporat |
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| November 21, 2018 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 21, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporat |
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| November 14, 2018 |
1,685,759 SHARES OF COMMON STOCK 424B3 Table of Contents Filed Pursuant to 424(b)(3) Registration No. 333-214119 PROSPECTUS SUPPLEMENT (To Prospectus Dated November 17, 2016) 1,685,759 SHARES OF COMMON STOCK This prospectus supplement relates to an aggregate of 1,685,759 shares of common stock of Empire Resorts, Inc. (together with its subsidiaries, the “Company”), which we are offering to Hillside (New Media Holdings) Limited fo |
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| November 14, 2018 |
EX-10.1 4 d613017dex101.htm EX-10.1 Exhibit 10.1 EXECUTION VERSION COMMON STOCK PURCHASE AGREEMENT This COMMON STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of November 14, 2018, by and between Empire Resorts, Inc., a Delaware corporation (the “Company”) and Hillside (New Media Holdings) Limited, a company incorporated in England with its registered office at bet365 House |
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| November 14, 2018 |
EX-10.2 Exhibit 10.2 EXECUTION VERSION SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of November 13, 2018, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Purchaser”). WHEREAS, the Company and the Purchaser entered into that certain amend |
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| November 14, 2018 |
Amended and Restated Certificate of Designations of Series F Preferred Stock of Empire Resorts, Inc. EX-3.1 Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF THE DESIGNATIONS, POWERS, PREFERENCES AND RIGHTS OF THE SERIES F CONVERTIBLE PREFERRED STOCK ($0.01 PAR VALUE PER SHARE) OF EMPIRE RESORTS, INC. A DELAWARE CORPORATION PURSUANT TO SECTION 151 OF THE GENERAL CORPORATION LAW OF THE STATE OF DELAWARE The undersigned officers of Empire Resorts, Inc., a corporation organized and existing under and |
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| November 14, 2018 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 9, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| November 14, 2018 |
Exhibit 99.1 Empire Resorts and bet365 Forge Strategic Alliance to Offer Sports Betting and Online Gaming in New York State at Resorts World Catskills Collaboration Between New York’s Premier Integrated Commercial Casino Resort Destination and World’s Largest Online Sports Betting Operator Positions Resorts World Catskills as Leading NY State Sports Betting and Gaming Destination bet365 to Invest |
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| November 13, 2018 |
EXECUTION VERSION Kien Huat Realty III Limited November 9, 2018 Empire Resorts, Inc. |
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| November 13, 2018 |
AMENDED AND RESTATED CERTIFICATE OF THE DESIGNATIONS, POWERS, PREFERENCES AND RIGHTS OF THE SERIES F CONVERTIBLE PREFERRED STOCK ($0. |
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| November 13, 2018 |
SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made and entered into as of November 13, 2018, by and among Empire Resorts, Inc. |
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| November 13, 2018 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 20)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| November 7, 2018 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 19)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| November 7, 2018 |
NYNY / Empire Resorts, Inc. 10-Q (Quarterly Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2018 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC |
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| November 7, 2018 |
EXECUTION VERSION CERTIFICATE OF THE DESIGNATIONS, POWERS, PREFERENCES AND RIGHTS OF THE SERIES F CONVERTIBLE PREFERRED STOCK ($0. |
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| November 5, 2018 |
Submission of Matters to a Vote of Security Holders UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 5, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Comm |
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| September 21, 2018 |
NYNY / Empire Resorts, Inc. DEF 14A DEF 14A 1 d620714ddef14a.htm DEF 14A Table of Contents SCHEDULE 14A PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definitive Proxy State |
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| August 31, 2018 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 30, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commi |
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| August 7, 2018 |
NYNY / Empire Resorts, Inc. RW Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B P.O. Box 5013 Monticello, New York 12701 August 7, 2018 VIA EDGAR U.S. Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, DC 20549 Re: Empire Resorts, Inc. Request to Withdraw Registration Statement on Form S-3 File No. 333-209662 Ladies and Gentlemen: Pursuant to Rule 477 prom |
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| August 7, 2018 |
NYNY / Empire Resorts, Inc. 10-Q (Quarterly Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2018 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (Ex |
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| July 24, 2018 |
8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 23, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Com |
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| July 2, 2018 |
Regulation FD Disclosure, Financial Statements and Exhibits Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 2, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| July 2, 2018 |
EX-99.1 Empire Resorts, Inc. Overview Presentation June 2018 Exhibit 99.1 Forward looking statement This presentation contains forward-looking statements. These statements include statements about our plans, strategies, financial performance, prospects or future events and involve known and unknown risks that are difficult to predict. As a result, Empire Resorts, Inc.’s (“Empire”, and together wit |
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| June 26, 2018 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 25, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| June 26, 2018 |
EX-10.1 Exhibit 10.1 Execution Version SUBORDINATE LOAN AGREEMENT Dated as of June 25, 2018 between EMPIRE RESORTS, INC., as Borrower, and KIEN HUAT REALTY III LIMITED, as Lender Subject to Subordination and Standstill Agreement, dated as of June 25, 2018, made by Kien Huat Realty III Limited in favor of Bangkok Bank, PCL, New York branch TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. |
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| June 26, 2018 |
EX-10.3 Exhibit 10.3 EXECUTION VERSION FIRST AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT THIS FIRST AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT (this “Amendment”), dated as of June 25, 2018 and effective as of the Effective Date (as hereinafter defined), is made and entered into by and among EMPIRE RESORTS, INC., a Delaware corporation (the “Borrower”), MONTICELLO RACEWAY MANAGEM |
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| June 26, 2018 |
Form of Promissory Note (to be issued to Kien Huat Realty III Limited) EX-10.2 Exhibit 10.2 Form of Promissory Note PROMISSORY NOTE Dated as of June 25, 2018 made by EMPIRE RESORTS, INC., as Maker, for the benefit of KIEN HUAT REALTY III LIMITED, as Holder Subject to Subordination and Standstill Agreement, dated as of June 25, 2018, made by Kien Huat Realty III Limited in favor of Bangkok Bank, PCL, New York branch PROMISSORY NOTE EMPIRE RESORTS, INC. $30,000,000 New |
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| May 8, 2018 |
NYNY / Empire Resorts, Inc. 10-Q (Quarterly Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2018 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (E |
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| May 3, 2018 |
Financial Statements and Exhibits, Other Events 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 3, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commi |
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| May 3, 2018 |
EX-99.1 May 3, 2018 Exhibit 99.1 Cautionary Note on Forward-Looking Statements This presentation contains forward-looking statements. These statements include statements about our plans, strategies, financial performance, prospects or future events and involve known and unknown risks that are difficult to predict. As a result, the actual results, performance or achievements of Empire Resorts, Inc. |
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| April 16, 2018 |
424B3 Filed Pursuant to Rule 424(b)(3) Registration No. 333-208791 Prospectus Supplement No. 2 to Reoffer Prospectus of EMPIRE RESORTS, INC. 221,372 Shares of Common Stock, par value $0.01 per share Issuable Pursuant to the 2015 Equity Incentive Plan This Prospectus Supplement No. 2 dated April 16, 2018 (this “Supplement”), supplements the reoffer prospectus filed as part of the Registration State |
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| March 19, 2018 |
NYNY / Empire Resorts, Inc. NT 10-K NT 10-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 12b-25 SEC FILE NUMBER 001-12522 CUSIP NUMBER 292052305 NOTIFICATION OF LATE FILING (Check One): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form N-SAR ☐ Form N-CSR For Period Ended: December 31, 2017 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transition Report on Form 10-Q ☐ Transition Report on Form N-SAR For the Transition Period Ended: Nothing in this form shall be construed to imply that the Commission has verified any information contained herein. |
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| March 16, 2018 |
Exhibit 21.1 List of Subsidiaries of Empire Resorts, Inc.: Name State of Incorporation/Formation Alpha Monticello, Inc. Delaware Alpha Casino Management Inc. Delaware Monticello Raceway Management, Inc. New York Montreign Holding Company, LLC New York Montreign Operating Company, LLC New York Empire Resorts Real Estate I, LLC New York Empire Resorts Real Estate II, LLC New York |
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| March 16, 2018 |
NYNY / Empire Resorts, Inc. 10-K (Annual Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2017 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (Exact |
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| February 5, 2018 |
EX-99.1 Exhibit 99.1 Resorts World Catskills Receives Casino Operation Certificate from New York State Gaming Commission Casino resort scheduled to open its doors to public on February 8th Town of Thompson, N.Y. (February 5, 2018) Montreign Operating Company, LLC (?Montreign?), an indirect, wholly-owned subsidiary of Empire Resorts, Inc. (NASDAQ-GM:NYNY) (?Empire? and, together with its subsidiari |
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| February 5, 2018 |
Financial Statements and Exhibits, Other Events 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 5, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) ( |
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| January 19, 2018 |
8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 17, 2018 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) ( |
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| January 5, 2018 |
EXHIBIT 1 JOINT FILING AGREEMENT The undersigned agree to file jointly with the Securities and Exchange Commission a statement on Schedule 13D (and any amendments or supplements thereto required under Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)), in connection with the holdings by the undersigned of the common stock of Empire Resorts, Inc. |
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| January 5, 2018 |
NYNY / Empire Resorts, Inc. / Kien Huat Realty III Ltd Activist Investment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 18)* Empire Resorts, Inc. (Name of Issuer) Common Stock, $.01 Par Value Per Share (Title of Class of Securities) 292052107 (CUSIP Number) Steven L. Wilner, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 212-225-2000 (Name, Add |
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| January 3, 2018 |
EX-10.4 Exhibit 10.4 NOTE EXCHANGE AGREEMENT This Note Exchange Agreement (this ?Agreement?), dated as of December 28, 2017 (the ?Effective Date?), is made by and among Empire Resorts, Inc., a Delaware corporation (?Parent?), Montreign Holding Company, LLC, a New York limited liability company and a wholly-owned subsidiary of Parent (the ?Company?), and Kien Huat Realty III Limited, a corporation |
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| January 3, 2018 |
EX-10.1 Exhibit 10.1 EXECUTION COPY Empire Resorts, Inc., as Borrower Monticello Raceway Management, Inc., as Guarantor $20,000,000.00 DELAYED DRAW TERM LOAN CREDIT AGREEMENT Dated as of December 28, 2017 Bangkok Bank PCL, New York Branch, as Lender TABLE OF CONTENTS This Table of Contents is not part of the Agreement to which it is attached but is inserted for convenience of reference only. Page |
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| January 3, 2018 |
EX-99.1 Exhibit 99.1 Kien Huat Realty III Limited December 28, 2017 Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 Attention: Emanuel R. Pearlman, Executive Chairman of the Board of Directors Ryan Eller, President and Chief Executive Officer Re: Termination of Follow-on Standby Purchase commitment Gentlemen: Reference is made to |
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| January 3, 2018 |
EX-10.2 Exhibit 10.2 LOAN AGREEMENT Dated as of December 28, 2017 between EMPIRE RESORTS, INC., as Borrower, and KIEN HUAT REALTY III LIMITED, as Lender TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. Definitions 1 SECTION 1.02. General Construction 4 ARTICLE II GENERAL TERMS SECTION 2.01. The Loan 5 SECTION 2.02. [Reserved] 5 SECTION 2.03. Interest and Principal; Commitment Fee 5 SECTI |
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| January 3, 2018 |
EMPIRE RESORTS, INC. ANNOUNCES SERIES OF TRANSACTIONS TO STRENGTHEN FINANCIAL POSITION EX-99.2 Exhibit 99.2 EMPIRE RESORTS, INC. ANNOUNCES SERIES OF TRANSACTIONS TO STRENGTHEN FINANCIAL POSITION Monticello, New York, December 28, 2017?Empire Resorts, Inc. (NASDAQ-GM:NYNY) (?Empire? and, together with its subsidiaries, the ?Company?) announced that Kien Huat Realty III Limited (?Kien Huat?), Empire?s largest stockholder, agreed to exchange a Company promissory note it holds with an o |
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| January 3, 2018 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 28, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Com |
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| January 3, 2018 |
Form of Promissory Note (to be issued to Kien Huat Realty III Limited) EX-10.3 Exhibit 10.3 FORM OF PROMISSORY NOTE EMPIRE RESORTS, INC. $20,000,000 New York, New York December 28, 2017 FOR VALUE RECEIVED, the undersigned EMPIRE RESORTS, INC., a Delaware corporation having an address at c/o Monticello Casino and Raceway, Route 17B, P.O. Box 5013, Monticello, New York (the ?Maker?), promises to pay to KIEN HUAT REALTY III LIMITED, a corporation organized in the Isle o |
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| January 3, 2018 |
EX-4.1 Exhibit 4.1 Kien Huat Realty III Limited December 28, 2017 Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 Attention: Emanuel R. Pearlman, Executive Chairman of the Board of Directors Ryan Eller, President and Chief Executive Officer Re: Amendment to February 17, 2016 Letter Agreement Gentlemen: Reference is made to that c |
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| December 14, 2017 |
POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Nanette L. |
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| December 14, 2017 |
POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Nanette L. |
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| December 14, 2017 |
EMPIRE RESORTS EXPANDS EXECUTIVE TEAM AND PROVIDES OPENING UPDATE ON RESORTS WORLD CATSKILLS EX-99.1 4 d471387dex991.htm EX-99.1 Exhibit 99.1 EMPIRE RESORTS EXPANDS EXECUTIVE TEAM AND PROVIDES OPENING UPDATE ON RESORTS WORLD CATSKILLS MONTICELLO, N.Y. (December 14, 2017) – Empire Resorts, Inc. (NasdaqGM:NYNY) (“Empire” and, together with its subsidiaries, the “Company”) announced today that Jamie M. Sanko has been appointed the Chief Accounting Officer of Empire, and Kevin D. Kline has be |
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| December 14, 2017 |
EX-10.1 Exhibit 10.1 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the ?Agreement?) is effective as of December 12, 2017 (the ?Commencement Date?), by and between Empire Resorts, Inc., a Delaware corporation (including its subsidiaries, the ?Company?), and Jamie M. Sanko (the ?Executive?, and the Company and the Executive collectively referred to herein as ?the Parties?). W I T N E S S E T H: WH |
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| December 14, 2017 |
EX-10.2 Exhibit 10.2 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the ?Agreement?) is effective as of December 12, 2017 (the ?Commencement Date?), by and between Montreign Operating Company, LLC, a New York limited liability company (?Montreign? and together with its parent, Empire Resorts, Inc., the ?Company?), and Kevin D. Kline (the ?Executive?, and Montreign, the Company and the Executive c |
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| December 14, 2017 |
8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 12, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| December 13, 2017 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 7, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| December 13, 2017 |
Second Amendment to Revolving Credit Agreement, dated December 7, 2017 EX-10.1 Exhibit 10.1 Execution Version SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT THIS SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT (this ?Amendment?), dated as of December 7, 2017 and effective as of the Effective Date (as hereinafter defined), is made and entered into by and among MONTREIGN OPERATING COMPANY, LLC, a New York limited liability company (the ?Borrower?), the Subsidiary Guaran |
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| November 16, 2017 |
NYNY / Empire Resorts, Inc. FORM 8-K (Current Report) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 16, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporat |
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| November 1, 2017 |
NYNY / Empire Resorts, Inc. 10-Q (Quarterly Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2017 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC |
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| October 31, 2017 |
Submission of Matters to a Vote of Security Holders Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 31, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| September 20, 2017 |
POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Nanette L. |
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| September 19, 2017 |
DEF 14A Table of Contents SCHEDULE 14A PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. |
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| September 18, 2017 |
Empire Resorts FORM 8-K (Current Report/Significant Event) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 18, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorpora |
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| August 1, 2017 |
NYNY / Empire Resorts, Inc. 10-Q (Quarterly Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2017 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (Ex |
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| June 1, 2017 |
EX-10.1 Exhibit 10.1 FIRST AMENDMENT TO BUILDING TERM LOAN AGREEMENT, BUILDING LOAN DISBURSEMENT AGREEMENT AND PROJECT DISBURSEMENT AGREEMENT (to be filed pursuant to the Lien Law of the State of New York) among MONTREIGN OPERATING COMPANY, LLC, as Borrower and THE LENDERS PARTY HERETO, as Lenders and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent dated as of May 26, 2017 ******* |
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| June 1, 2017 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 26, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commissi |
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| June 1, 2017 |
EX-10.2 Exhibit 10.2 FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENT among MONTREIGN OPERATING COMPANY, LLC, as Borrower and THE LENDERS PARTY HERETO, as Lenders and FIFTH THIRD BANK, as Administrative Agent dated as of May 26, 2017 ************************************************* FIFTH THIRD BANK, as Joint Lead Arranger and Joint Book Runner NOMURA SECURITIES INTERNATIONAL, INC., as Joint Lead Arr |
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| June 1, 2017 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 1, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commissi |
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| June 1, 2017 |
EX-99.1 Exhibit 99.1 Empire Resorts, Inc. Announces Retirement of Chief Executive Officer Joseph D?Amato Current President and Chief Operating Officer Ryan Eller named as CEO MONTICELLO, N.Y., (June 1, 2017) ? Empire Resorts, Inc. (?Empire? and, together with its subsidiaries, the ?Company?) (?NasdaqGM:NYNY?) today announced that its Chief Executive Officer Joseph D?Amato has retired from the Comp |
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| May 18, 2017 |
EX-99.1 Exhibit 99.1 Empire Resorts, Inc. May 18, 2017 Forward looking statements This presentation contains forward-looking statements. These statements include statements about our plans, strategies, financial performance, prospects or future events and involve known and unknown risks that are difficult to predict. As a result, the actual results, performance or achievements of Empire Resorts, I |
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| May 18, 2017 |
EX-99.2 Exhibit 99.2 EMPIRE RESORTS ANNOUNCES RESORT CASINO WILL BE NAMED ?RESORTS WORLD CATSKILLS? Resorts World Catskills name combines allure of the Catskills with prestige of worldwide casino and hospitality brand MONTICELLO, N.Y., (May 18, 2017) ?Empire Resorts, Inc. (?Empire? and, together with its subsidiaries, the ?Company?) (?NasdaqGM:NYNY) announced today that the Company?s resort casino |
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| May 18, 2017 |
Regulation FD Disclosure, Financial Statements and Exhibits, Other Events Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 18, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| May 4, 2017 |
Empire Resorts 10-Q (Quarterly Report) Document UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2017 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS |
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| May 4, 2017 |
Exhibit Confidential Treatment Requested by Empire Resorts, Inc. IRS Employer Identification No. 13-3714474 Confidential treatment requested with respect to certain portions hereof denoted with ?[***]? DATED THIS 31st DAY OF MARCH 2017 BETWEEN RW SERVICES PTE LTD AND MONTREIGN OPERATING COMPANY, LLC LICENSE AGREEMENT {00501808.DOC.1} Confidential Treatment Requested by Empire Resorts, Inc. IRS Emp |
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| April 18, 2017 |
424B3 Filed Pursuant to Rule 424(b)(3) Registration No. 333-208791 Prospectus Supplement No. 1 to Reoffer Prospectus of EMPIRE RESORTS, INC. 96,311 Shares of Common Stock, par value $0.01 per share Issuable Pursuant to the 2015 Equity Incentive Plan This Prospectus Supplement dated April 18, 2017 (this ?Supplement?), supplements the reoffer prospectus filed as part of the Registration Statement on |
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| April 6, 2017 |
EX-99.1 Exhibit 99.1 Montreign Resort Casino to Be Rebranded A Resorts World Property Agreement allows Montreign Operating Company to leverage the global gaming and hospitality brand to market its resort casino property MONTICELLO, N.Y., April 6, 2017 ? Montreign Operating Company, LLC (?MOC?), an indirect, wholly-owned subsidiary of Empire Resorts, Inc. (NASDAQ-GM:NYNY) (?Empire? and, together wi |
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| April 6, 2017 |
Entry into a Material Definitive Agreement, Financial Statements and Exhibits UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 31, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Commis |
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| March 27, 2017 |
EX-10.1 Exhibit 10.1 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the ?Agreement?) is entered into as of March 27, 2017 (the ?Commencement Date?), by and between Empire Resorts, Inc., a Delaware corporation (including its subsidiaries, the ?Company?), and Ryan M. Eller (the ?Executive?, and the Company and the Executive collectively referred to herein as ?the Parties?). W I T N E S S E T H: WHE |
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| March 27, 2017 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 27, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation |
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| March 27, 2017 |
EMPIRE RESORTS, INC. ANNOUNCES APPOINTMENT OF RYAN ELLER AS PRESIDENT AND CHIEF OPERATING OFFICER EX-99.1 3 d316587dex991.htm EX-99.1 Exhibit 99.1 EMPIRE RESORTS, INC. ANNOUNCES APPOINTMENT OF RYAN ELLER AS PRESIDENT AND CHIEF OPERATING OFFICER Monticello, New York, March 27, 2017—Empire Resorts, Inc. (NASDAQ-GM:NYNY) (“Empire” and, together with its subsidiaries, the “Company”) today announced the appointment of Ryan Eller as President and Chief Operating Officer of Empire effective immediate |
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| March 13, 2017 |
Empire Resorts 10-K (Annual Report) Document UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2016 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC |
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| March 13, 2017 |
EMPIRE RESORTS, INC. AMENDED AND RESTATED 2015 EQUITY INCENTIVE PLAN Exhibit 10.26 EMPIRE RESORTS, INC. AMENDED AND RESTATED 2015 EQUITY INCENTIVE PLAN 1.Purpose. The purpose of the Empire Resorts, Inc. 2015 Equity Incentive Plan is to provide a means through which the Company and its Affiliates may attract and retain key personnel and to provide a means whereby directors, officers, managers, employees, consultants and advisors of the Company and its Affiliates can |
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| March 13, 2017 |
EXHIBIT 10.53 EXHIBIT A to Credit Agreement FORM OF NOTE $[1][,,] [2][mm/dd/yy] New York, New York FOR VALUE RECEIVED, MONTREIGN OPERATING COMPANY, LLC, a New York limited liability company (the “Borrower”), promises to pay [NAME OF LENDER] (“Payee”) or its registered assigns, on or before the Scheduled Maturity Date or such earlier date as provided in the Credit Agreement, the lesser of the princ |
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| March 13, 2017 |
EXHIBIT 10.57 LOAN AGREEMENT Dated as of January 24, 2017 between MONTREIGN HOLDING COMPANY, LLC, as Borrower, and KIEN HUAT REALTY III LIMITED, as Lender TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Section 1.01.Definition 1 Section 1.02.General Construction 4 ARTICLE II GENERAL TERMS Section 2.01.The Loan 5 Section 2.02.The Term 5 Section 2.03.Interest and Principal; Commitment Fee 5 Section 2.0 |
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| March 13, 2017 |
List of Subsidiaries of Empire Resorts, Inc.: Exhibit 21.1 List of Subsidiaries of Empire Resorts, Inc.: Name State of Incorporation/Formation Alpha Monticello, Inc. Delaware Alpha Casino Management Inc. Delaware Monticello Raceway Management, Inc. New York Montreign Holding Company, LLC New York Montreign Operating Company, LLC New York Empire Resorts Real Estate I, LLC New York Empire Resorts Real Estate II, LLC New York |
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| March 13, 2017 |
EXHIBIT 4.1 |
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| March 13, 2017 |
EXHIBIT 10.59 PLEDGE AND SECURITY AGREEMENT THIS PLEDGE AND SECURITY AGREEMENT (this “Agreement”) is made as of January 24, 2017 by EMPIRE RESORTS, INC., a Delaware corporation (“Pledgor”), in favor of KIEN HUAT REALTY III LIMITED, a corporation organized in the Isle of Man, as lender (together with its successors and assigns, “Lender”). RECITALS A. WHEREAS, on the date hereof, Lender has made a l |
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| March 13, 2017 |
Exhibit 10.45 | EXHIBIT A-2 to Credit Agreement FORM OF TERM B NOTE $[[] Lender’s Commitment][,,] [[] Date of Issuance][mm/dd/yy] New York, New York FOR VALUE RECEIVED, MONTREIGN OPERATING COMPANY, LLC, a New York limited liability company (the “Borrower”), promises to pay [NAME OF LENDER] (“Payee”) or its registered assigns the principal amount of [1] [DOLLARS] ($[,,]) of Term B Loans or such les |
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| March 13, 2017 |
EXHIBIT 10.43 EXECUTION VERSION $485,000,000 BUILDING TERM LOAN AGREEMENT (to be filed pursuant to the Lien Law of the State of New York) among MONTREIGN OPERATING COMPANY, LLC, as Borrower and THE LENDERS PARTY HERETO, as Lenders and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent dated as of January 24, 2017 ************************************************* CREDIT SUISSE SECURIT |
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| March 13, 2017 |
EXHIBIT 10.55 PLEDGE AND SECURITY AGREEMENT among MONTREIGN OPERATING COMPANY, LLC, as Borrower and a Grantor and EACH OF THE OTHER GRANTORS PARTY HERETO, as Grantors and FIFTH THIRD BANK as Collateral Agent dated as of January 24, 2017 {10.55 - Empire - Revolving Credit Agreement - Pledge and Security Agreement (execution) (2).DOCX.1} 1 NEWYORK 8871481 |US-DOCS\78586653.1|| TABLE OF CONTENTS PAGE |
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| March 13, 2017 |
EXHIBIT 10.52 EXECUTION VERSION $15,000,000 REVOLVING CREDIT AGREEMENT among MONTREIGN OPERATING COMPANY, LLC, as Borrower and THE LENDERS PARTY HERETO, as Lenders and FIFTH THIRD BANK, as Administrative Agent dated as of January 24, 2017 ************************************************* FIFTH THIRD BANK, as Joint Lead Arranger and Joint Book Runner NOMURA SECURITIES INTERNATIONAL, INC., as Joint |
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| March 13, 2017 |
FIRST AMENDMENT TO PURCHASE OPTION AGREEMENT EXHIBIT 10.14 FIRST AMENDMENT TO PURCHASE OPTION AGREEMENT THIS FIRST AMENDMENT TO PURCHASE OPTION AGREEMENT (the “Amendment”) is made and entered this 24th day of January, 2017, by and among Adelaar Developer, LLC, a Delaware limited liability company, EPT Concord II, LLC, a Delaware limited liability company and EPR Concord II, L.P., a Delaware limited partnership (collectively, “Seller”) and Mo |
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| March 13, 2017 |
Exhibit 10.46 EXHIBIT C-1 to Credit Agreement FORM OF SUBSIDIARY GUARANTY This SUBSIDIARY GUARANTY (as amended, amended and restated, supplemented, or otherwise modified from time to time, this “Guaranty”), dated as of January 24, 2017, is made by Montreign Operating Company, LLC, a New York limited liability company (the “Borrower”) and each of the other signatories hereto (together with the Borr |
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| March 13, 2017 |
PROMISSORY NOTE MONTREIGN HOLDING COMPANY, LLC EXHIBIT 10.58 PROMISSORY NOTE MONTREIGN HOLDING COMPANY, LLC $32,320,000 New York, New York January 24, 2017 FOR VALUE RECEIVED, the undersigned MONTREIGN HOLDING COMPANY, LLC, a New York limited liability company having an address at c/o Monticello Casino and Raceway, Route 17B, P.O. Box 5013, Monticello, New York (the “Maker”), promises to pay to KIEN HUAT REALTY III LIMITED, a corporation organ |
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| March 13, 2017 |
FIRST AMENDMENT TO ENTERTAINMENT VILLAGE LEASE EX-10.20 7 nyny-12312016xex1020.htm EXHIBIT 10.20 EXHIBIT 10.20 FIRST AMENDMENT TO ENTERTAINMENT VILLAGE LEASE THIS FIRST AMENDMENT TO THE ENTERTAINMENT VILLAGE LEASE (the “First Amendment”) is made and entered this 24th day of January, 2017 between ADELAAR DEVELOPER, LLC, a Delaware limited liability company having offices at 909 Walnut Street, Suite 200, Kansas City, Missouri 64106 (“Landlord”), |
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| March 13, 2017 |
FIRST AMENDMENT TO CASINO LEASE EXHIBIT 10.18 FIRST AMENDMENT TO CASINO LEASE THIS FIRST AMENDMENT TO THE CASINO LEASE (the “First Amendment”) is made and entered this 24th day of January, 2017 among EPT CONCORD II, LLC, a Delaware limited liability company having offices at 909 Walnut Street, Suite 200, Kansas City, Missouri 64106 (“Landlord”), and Montreign Operating Company, LLC, a New York limited liability company, having a |
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| March 13, 2017 |
Exhibit 10.44 EXHIBIT A-1 to Credit Agreement FORM OF TERM A NOTE $[[] Lender’s Commitment][,,] [[] Date of Issuance][mm/dd/yy] New York, New York FOR VALUE RECEIVED, MONTREIGN OPERATING COMPANY, LLC, a New York limited liability company (the “Borrower”), promises to pay [NAME OF LENDER] (“Payee”) or its registered assigns the principal amount of [1] [DOLLARS] ($[,,]) of Term A Loans or such lesse |
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| March 13, 2017 |
EXHIBIT 10.51 Execution Version BUILDING LOAN DISBURSEMENT AGREEMENT among CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Disbursement Agent and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Administrative Agent and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Collateral Agent and MONTREIGN OPERATING COMPANY, LLC, as the Borrower and EMPIRE RESORTS REAL ESTATE II, LLC as the EV Subsidiary Da |
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| March 13, 2017 |
EXHIBIT 10.54 SUBSIDIARY GUARANTY This SUBSIDIARY GUARANTY (as amended, amended and restated, supplemented, or otherwise modified from time to time, this “Guaranty”), dated as of January 24, 2017, is made by MONTREIGN OPERATING COMPANY, LLC, a New York limited liability company (the “Borrower”) and each of the other signatories hereto (together with the Borrower, each individually, a “Guarantor”, |
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| March 13, 2017 |
FIRST AMENDMENT TO AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT EXHIBIT 10.12 FIRST AMENDMENT TO AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT (the “First Amendment”) is made and entered this 24th day of January, 2017 among EPT CONCORD II, LLC, a Delaware limited liability company (“EPT”), EPR CONCORD II, L.P., a Delaware limited partnership (“EPR LP”), Adelaar Developer, LLC, a |
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| March 13, 2017 |
EXHIBIT 10.48 EQUITY PLEDGE AGREEMENT dated as of January 24, 2017 by MONTREIGN HOLDING COMPANY, LLC, as Pledgor and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Agent |US-DOCS\78574287.1 Empire - Building Term Loan Agreement - Exhibit C-3 Form of Equity Pledge Agreement|| TABLE OF CONTENTS Page SECTION 1. DEFINITIONS; RULES OF CONSTRUCTION 1 1.1 Definitions 1 1.2 Rules of Construction 3 |
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| March 13, 2017 |
EXHIBIT 10.50 Execution Version PROJECT DISBURSEMENT AGREEMENT among CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Disbursement Agent and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Administrative Agent and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Collateral Agent and MONTREIGN OPERATING COMPANY, LLC as the Borrower and EMPIRE RESORTS REAL ESTATE II, LLC as the EV Subsidiary Dated as |
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| March 13, 2017 |
EXHIBIT 10.49 COMPLETION GUARANTY This COMPLETION GUARANTY (this “Agreement”), dated as of January 24, 2017, is made by EMPIRE RESORTS, INC., a Delaware corporation (“Guarantor”), in favor of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the administrative agent under the Credit Agreement (as defined below) (in such capacity, and together with its successors and assigns acting in such capacity, the |
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| March 13, 2017 |
EXHIBIT 10.56 EQUITY PLEDGE AGREEMENT dated as of January 24, 2017 by MONTREIGN HOLDING COMPANY, LLC, as Pledgor and FIFTH THIRD BANK, as Collateral Agent TABLE OF CONTENTS Page SECTION 1. DEFINITIONS; RULES OF CONSTRUCTION 1 1.1 Definitions 1 1.2 Rules of Construction 3 SECTION 2. PLEDGE 3 2.1 Pledged Collateral. 3 2.2 Delivery of Certificates and Instruments 4 2.3 Pledgor’s Rights. 5 2.4 Secured |
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| March 13, 2017 |
EX-3.1 2 nyny-12312016xex31.htm EXHIBIT 3.1 EXHIBIT 3.1 SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF EMPIRE RESORTS, INC. Pursuant to Sections 242 and 245 of the Delaware General Corporation Law Empire Resorts, Inc. (hereinafter referred to as the “Corporation”), a corporation organized and existing under and by virtue of the Delaware General Corporation Law, hereby certifies as fol |
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| March 13, 2017 |
EXHIBIT 10.47 PLEDGE AND SECURITY AGREEMENT among MONTREIGN OPERATING COMPANY, LLC, as Borrower and a Grantor and EACH OF THE OTHER GRANTORS PARTY HERETO, as Grantors and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Agent dated as of January 24, 2017 {10.47 - Empire - Building Loan Pledge and Security Agreement (execution).DOCX.1} 1 NEWYORK 8871481 |US-DOCS\78571913.1|| TABLE OF CONTENTS |
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| March 13, 2017 |
FIRST AMENDMENT TO GOLF COURSE LEASE EX-10.22 8 nyny-12312016ex1022.htm EXHIBIT 10.22 EXHIBIT 10.22 FIRST AMENDMENT TO GOLF COURSE LEASE THIS FIRST AMENDMENT TO THE GOLF COURSE LEASE (the “First Amendment”) is made and entered this 24th day of January, 2017 between ADELAAR DEVELOPER, LLC, a Delaware limited liability company having offices at 909 Walnut Street, Suite 200, Kansas City, Missouri 64106 (“Landlord”), and EMPIRE RESORTS R |
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| January 30, 2017 |
Empire Resorts FORM 8-K (Current Report/Significant Event) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 24, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| January 9, 2017 |
S-8 1 d285842ds8.htm S-8 As filed with the Securities and Exchange Commission on January 9, 2017 Registration No. 333- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 13-3714474 (State or other jurisdiction of incorporation or |
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| January 6, 2017 |
Empire Resorts 8-K (Current Report/Significant Event) 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 6, 2017 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (C |
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| January 6, 2017 |
424B3 1 d293584d424b3.htm PROSPECTUS SUPPLEMENT Table of Contents Filed Pursuant to 424(b)(3) Registration No. 333-214119 PROSPECTUS SUPPLEMENT (To Prospectus Dated November 17, 2016) 33,333 SHARES OF COMMON STOCK This prospectus supplement relates to an aggregate of 33,333 shares of common stock of Empire Resorts, Inc. (“Empire” and, together with its subsidiaries, the “Company”), which may be is |
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| December 7, 2016 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 1, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| December 7, 2016 |
EMPIRE RESORTS EXECUTIVE DEFERRED COMPENSATION PLAN Established Effective January 1, 2017 EX-10.1 Exhibit 10.1 EMPIRE RESORTS EXECUTIVE DEFERRED COMPENSATION PLAN Established Effective January 1, 2017 EMPIRE RESORTS, INC., a Delaware corporation, has established the Empire Resorts Executive Deferred Compensation Plan, effective January 1, 2017, to enable Eligible Employees to enter into agreements in order to defer the receipt of current Compensation from the Company in accordance with |
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| November 18, 2016 |
8-K 1 d298455d8k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 18, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other juris |
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| November 15, 2016 |
Acceleration Request Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 November 15, 2016 VIA EDGAR United States Securities and Exchange Commission Division of Corporation Finance Office of Transportation and Leisure 100 F Street, N.E. Washington, DC 20549 Attn: Justin Dobbie, Legal Branch Chief Re: Empire Resorts, Inc. Registratio |
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| November 14, 2016 |
Empire Resorts AMENDMENT NO 1 TO FORM S-3 Amendment No 1 to Form S-3 Table of Contents As filed with the Securities and Exchange Commission on November 14, 2016 Registration No. |
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| November 14, 2016 |
Empire Resorts, Inc. c/o Monticello Casino and Raceway 204 State Route 17B, P.O. Box 5013 Monticello, New York 12701 November 14, 2016 VIA EDGAR U.S. Securities and Exchange Commission 100 F Street, N.E. Mail Stop 3561 Washington, DC 20549 Attn: Justin Dobbie, Legal Branch Chief RE: Empire Resorts, Inc. Registration Statement on Form S-3 Filed October 14, 2016 File No. 333-214119 Dear Mr. Dobbie: |
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| November 4, 2016 |
Empire Resorts 10-Q (Quarterly Report) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2016 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC |
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| November 2, 2016 |
EX-3.2 Exhibit 3.2 THIRD AMENDED AND RESTATED BY-LAWS OF EMPIRE RESORTS, INC. (as most recently amended on November 2, 2016) ARTICLE I STOCKHOLDERS SECTION 1.1. ANNUAL MEETINGS. An annual meeting of stockholders to elect directors and transact such other business as may properly be presented to the meeting shall be held at such place as the Board of Directors may from time to time fix, if that day |
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| November 2, 2016 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 1, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) (Comm |
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| October 19, 2016 |
Empire Resorts FORM 8-K (Current Report/Significant Event) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 13, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporati |
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| October 14, 2016 |
EX-4.16 Exhibit 4.16 EMPIRE RESORTS, INC., as ISSUER and [ ], as INDENTURE TRUSTEE INDENTURE Dated as of [ ] TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INCORPORATION BY REFERENCE 1 Section 1.01 Definitions 1 Section 1.02 Other Definitions 4 Section 1.03 Incorporation by Reference of Trust Indenture Act 4 Section 1.04 Rules of Construction 5 ARTICLE II THE SECURITIES 5 Section 2.01 Issuable i |
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| October 14, 2016 |
Table of Contents As filed with the Securities and Exchange Commission on October 14, 2016 Registration No. |
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| September 20, 2016 |
DEF 14A Table of Contents SCHEDULE 14A PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. |
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| August 31, 2016 |
PRE 14A 1 d243641dpre14a.htm PRE 14A Table of Contents SCHEDULE 14A PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. ) Filed by the Registrant X Filed by a Party other than the Registrant ¨ Check the appropriate box: X Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ¨ Definitive Proxy State |
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| August 15, 2016 |
Empire Resorts AMENDMENT NO. 1 TO FORM 10K (Annual Report) Amendment No. 1 to Form 10K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2015 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission |
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| August 15, 2016 |
Empire Resorts AMENDMENT NO. 1 TO FORM 10K (Annual Report) Amendment No. 1 to Form 10K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2015 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission |
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| August 15, 2016 |
EX-10.13 2 d234636dex1013.htm EX-10.13 Exhibit 10.13 CONFIDENTIAL TREATMENT REQUEST BY EMPIRE RESORTS, INC. IRS EMPLOYER IDENTIFICATION NUMBER 13-3714474 CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***” PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION AGREEMENT (the “Agreement”), dated December 28th, 2015 (the “Effective Date”), is made by and among Adelaar |
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| August 15, 2016 |
EX-10.13 2 d234636dex1013.htm EX-10.13 Exhibit 10.13 CONFIDENTIAL TREATMENT REQUEST BY EMPIRE RESORTS, INC. IRS EMPLOYER IDENTIFICATION NUMBER 13-3714474 CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***” PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION AGREEMENT (the “Agreement”), dated December 28th, 2015 (the “Effective Date”), is made by and among Adelaar |
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| August 2, 2016 |
AMENDED AND RESTATED EMPLOYMENT AGREEMENT Exhibit Exhibit 10.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the ?Agreement?) is entered into as of August 2, 2016 and effective as of July 1, 2016 (the ?Commencement Date?), by and between Empire Resorts, Inc., a Delaware corporation (the ?Company?), and Joseph A. D?Amato (the ?Executive?, and the Company and the Executive collectively referred to |
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| August 2, 2016 |
Empire Resorts 10-Q (Quarterly Report) Document UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ending June 30, 2016 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS |
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| July 21, 2016 |
Empire Resorts FORM 8-K (Current Report/Significant Event) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 19, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| June 8, 2016 |
Empire Resorts FORM 8-K (Current Report/Significant Event) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 7, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| June 6, 2016 |
Empire Resorts FORM 8-K (Current Report/Significant Event) Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 1, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation) |
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| May 4, 2016 |
Empire Resorts 10-Q (Quarterly Report) 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ending March 31, 2016 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, I |
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| April 26, 2016 |
POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Nanette L. |
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| April 20, 2016 |
Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 19, 2016 EMPIRE RESORTS, INC. (Exact name of registrant as specified in its charter) Delaware 001-12522 13-3714474 (State or other jurisdiction of incorporation |
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| March 10, 2016 |
Empire Resorts 10-K (Annual Report) 10-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2015 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-12522 EMPIRE RESORTS, INC. (E |
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| March 10, 2016 |
December 31, 2015 Kien Huat Realty III Limited Dear Gerard: Reference is made to that certain Investment Agreement, dated August 19, 2009, as amended by that certain First Amendment and Clarification to the Investment Agreement, dated September 30, 2009 (as amended the “Investment Agreement”). |
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| March 10, 2016 |
Exhibit 10.26 EMPIRE RESORTS, INC. 2015 EQUITY INCENTIVE PLAN Award Agreement This Award Agreement evidences an Award of Stock Appreciation Rights pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capi |
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| March 10, 2016 |
Exhibit 10.25 EMPIRE RESORTS, INC. 2015 EQUITY INCENTIVE PLAN Award Agreement This Award Agreement evidences an Award of Restricted Stock Units pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capital |
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| March 10, 2016 |
Exhibit 10.27 EMPIRE RESORTS, INC. 2015 EQUITY INCENTIVE PLAN Award Agreement This Award Agreement evidences a grant of Stock pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capitalized terms not oth |
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| March 10, 2016 |
CONFIDENTIAL TREATMENT REQUEST BY EMPIRE RESORTS, INC. IRS EMPLOYER IDENTIFICATION NUMBER 13-3714474 CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***” SUB-LEASE BETWEEN ADELAAR DEVELOPER, LLC, a Delaware limited liability company (“LANDLORD”) AND EMPIRE RESORTS REAL ESTATE I, LLC, a New York limited liability company (“TENANT”) FOR THE LEASE OF GOLF COURSE |
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| March 10, 2016 |
COMPLETION GUARANTY (EPR Properties) COMPLETION GUARANTY (EPR Properties) THIS COMPLETION GUARANTY (this “Guaranty”) is dated December 28, 2015 by EPR PROPERTIES (“Guarantor”), for the benefit of Montreign Operating Company LLC, a New York limited liability company (the “Montreign Developer”), Empire Resorts Real Estate I, LLC, a New York limited liability company (the “Golf Course Developer”) and Empire Resorts Real Estate II, LLC, a New York limited liability company (the “Entertainment Village Developer”, and collectively, together with Montreign Developer and the Golf Course Developer, the “Empire Developers”) and Empire Resorts, Inc. |
