EXHIBIT 10.3 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT") is made and entered into as of July 26, 2004 among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), the subsidiary guarantors party hereto...Registration Rights Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALS:Pledge Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.11 LOAN AND SECURITY AGREEMENT MONTICELLO RACEWAY MANAGEMENT, INC. as Borrower,Loan and Security Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.16 EMPIRE RESORTS, INC. SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this "AGREEMENT") is dated as of January 26, 2004, among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), and the purchasers identified...Securities Purchase Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
AMENDMENT NO. 3Loan Agreement • June 25th, 2007 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.1 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "AGREEMENT"), dated as of July 26, 2004, is made by EMPIRE RESORTS, INC., a Delaware corporation (the "COMPANY"), and each of its Subsidiaries now or hereafter party hereto (such...Security Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
Exhibit 10.30 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (the "AGREEMENT") is made and entered into as of January 12, 2004, by and between (i) New York Gaming, LLC, a Georgia limited liability company (the...Assignment and Assumption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 99.1 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of May 23, 2005 (the "Commencement Date"), by and between Empire Resorts, Inc., a Delaware corporation (the "Company"), and David P. Hanlon (the...Employment Agreement • May 27th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 99.2 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of May 23, 2005 (the "Commencement Date"), by and between Empire Resorts, Inc., a Delaware corporation (the "Company"), and Ronald Radcliffe (the...Employment Agreement • May 27th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.14 GUARANTY AGREEMENT This Guaranty Agreement ("Agreement") is made and executed this 29th day of October, 2003 by Robert A. Berman ("Guarantor") in favor of The Berkshire Bank ("Lender") having a place of business at 4 East 39th Street,...Guaranty Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places
EXHIBIT 10.6 INTERCREDITOR AGREEMENTIntercreditor Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
Empire Resorts, Inc. and Continental Stock Transfer & Trust Company as Rights Agent RIGHTS AGREEMENT Dated as of March 24, 2008Rights Agreement • March 24th, 2008 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
RIGHTS AGREEMENT, dated as of March 24, 2008 (the “Agreement”), between Empire Resorts, Inc, a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York Corporation (the “Rights Agent”).
Exhibit 10.1 AMENDMENT NO. 3 TO OPTION AGREEMENT AMENDMENT NO. 3 TO OPTION AGREEMENT (this "AGREEMENT"), dated as of December 28, 2006, by between EMPIRE RESORTS, INC., a Delaware corporation, having an address at Monticello Raceway, Route 17B,...Option Agreement • January 3rd, 2007 • Empire Resorts Inc • Retail-eating & drinking places
EXHIBIT 9 AMENDMENT NO. 1 TO VOTING AGREEMENT AMENDMENT NO. 1 TO VOTING AGREEMENT (this "AGREEMENT"), dated as of March 3, 2005, by and among Robert A. Berman ("STOCKHOLDER"), Concord Associates Limited Partnership ("CONCORD") and Sullivan Resorts LLC...Voting Agreement • December 19th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
Exhibit 2 --------- AGREEMENT OF JOINT FILING Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby consents to the joint filing on their behalf of a single Schedule 13D and any amendments...Joint Filing Agreement • June 4th, 2004 • Empire Resorts Inc • Retail-eating & drinking places
Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby consents to the joint filing on their behalf of a single Schedule 13D and any amendments thereto, with respect to the ownership by each of the undersigned of shares of Common Stock of Empire Resorts, Inc. Each of the undersigned hereby further agrees that this statement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all of which counterparts shall together constitute one and the same instrument.
EMPIRE RESORTS, INC. Rt. 17B Monticello, New York 12701Line of Credit Agreement • November 15th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
Empire Resorts, Inc., a Delaware corporation (the "Company"), is pleased to provide the Catskill Litigation Trust, a Delaware Statutory Trust (the "Litigation Trust"), an irrevocable line of credit on the following terms and conditions. All defined terms not otherwise defined herein shall have the meanings assigned to such terms in the Declaration of Trust governing the Litigation Trust (the "Declaration of Trust").
EXHIBIT 10.19 THIS REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT"), dated as of the 30th day of January, 2004, is by and among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), and Jefferies & Company, Inc. (together with its registered...Registration Rights Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • February 9th, 1998 • Alpha Hospitality Corp • Services-miscellaneous amusement & recreation • Mississippi
Exhibit 2 AGREEMENT OF JOINT FILING Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby consents to the joint filing on their behalf of a single Schedule 13D and any amendments thereto,...Joint Filing Agreement • January 21st, 2004 • Empire Resorts Inc • Retail-eating & drinking places
Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby consents to the joint filing on their behalf of a single Schedule 13D and any amendments thereto, with respect to the ownership by each of the undersigned of shares of Common Stock of Empire Resorts, Inc. Each of the undersigned hereby further agrees that this statement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all of which counterparts shall together constitute one and the same instrument.
ANDLease Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGER AND CONTRIBUTION Dated as of March 3, 2005 By and Among EMPIRE RESORTS, INC., EMPIRE RESORTS HOLDINGS, INC., EMPIRE RESORTS SUB, INC., CONCORD ASSOCIATES LIMITED PARTNERSHIPMerger Agreement • March 8th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
Exhibit 10.2 EXECUTION COPY SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "AGREEMENT"), dated as of January 10, 2005, is made by EMPIRE RESORTS, INC., a Delaware corporation (the "COMPANY"), and each of its Subsidiaries now or hereafter party...Security Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
ANDEmployment Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALSRedemption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALS:Pledge Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.9 TERM LOAN NOTETerm Loan Note • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places
FOR VALUE RECEIVED and intending to be legally bound, the undersigned MONTICELLO RACEWAY MANAGEMENT, INC., a New York corporation ("Borrower"), promises to pay, in lawful money of the United States of America, to the order of THE BERKSHIRE BANK ("Lender"), at its address at 4 East 39th Street, New York, NY 10016, the original principal sum of Three Million Five Hundred Thousand Dollars ($3,500,000) plus interest in the amounts and on the dates set forth below. This note (this "Note") evidences Borrower's unconditional obligation to repay that certain loan (the "Loan") established pursuant to that certain Loan and Security Agreement, dated October 29, 2003, by and between Borrower and Lender (as it may be supplemented, restated, superseded, amended or replaced from time to time, the "Loan Agreement"). All capitalized terms used herein without further definition shall have the respective meanings ascribed thereto in the Loan Agreement.
RECITALS:Agreement of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
CONSULTING AGREEMENTConsulting Agreement • October 7th, 1997 • Alpha Hospitality Corp • Services-miscellaneous amusement & recreation • New York
EXHIBIT 10.36 GUARANTY OF LEASE This GUARANTY OF LEASE (the "GUARANTY") is made by Empire Resorts, Inc., a Delaware corporation, having an office at 707 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062 ("GUARANTOR"), for the benefit of Catskill...Guaranty of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALSStock Option Agreement • November 18th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
EMPIRE RESORTS, INC., as ISSUER and [ ], as INDENTURE TRUSTEE INDENTURE Dated as of [ ]Indenture • October 14th, 2016 • Empire Resorts Inc • Retail-eating & drinking places • New York
Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders of the Securities issued under this Indenture.
EMPLOYMENT AGREEMENTEmployment Agreement • December 14th, 2017 • Empire Resorts Inc • Retail-eating & drinking places • New York
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”).
EMPIRE RESORTS, INC., as ISSUER and [ ], as INDENTURE TRUSTEE INDENTURE Dated as of [ ]Indenture • February 3rd, 2014 • Empire Resorts Inc • Retail-eating & drinking places • New York
Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders of the Securities issued under this Indenture.
SUBSCRIPTION AGREEMENTSubscription Agreement • October 30th, 2019 • Empire Resorts Inc • Retail-eating & drinking places • New York
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”).
ANDEmployment Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
