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 10.13 SECURITY AGREEMENT ------------------ This Security Agreement ("Agreement") dated as of October 29, 2003, by and between CATSKILL DEVELOPMENT, LLC, a limited liability company ("Debtor"), with its chief executive office at c/o Monticello...Security Agreement • December 12th, 2003 • 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
to THE BERKSHIRE BANK, as mortgagee (Lender)Empire Resorts Inc • December 12th, 2003 • Retail-eating & drinking places
ANDAgreement of Lease • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
NON-DISTURBANCEAnd Attornment Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.12 SURETY AGREEMENT This Surety Agreement ("Agreement") is made and executed this 29th day of October, 2003 by Empire Resorts, Inc. ("Surety") in favor of The Berkshire Bank ("Lender") having a place of business at 4 East 39th Street, New...Surety Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places
EXHIBIT 2.1 Executed Copy AMENDED AND RESTATED SECURITIES CONTRIBUTION AGREEMENT BY AND AMONG EMPIRE RESORTS, INC. ALPHA MONTICELLO, INC. CATSKILL DEVELOPMENT, L.L.C. AMERICAS TOWER PARTNERS MONTICELLO REALTY L.L.C. WATERTONE HOLDINGS, LP NEW YORK...Securities Contribution Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
December 12, 2003 Transferors (and their direct and indirect owners) as defined in the Securities Contribution Agreement dated as of the date hereof Re: Amended and Restated Securities Contribution Agreement...Empire Resorts Inc • December 12th, 2003 • Retail-eating & drinking places
EXHIBIT 10.9 TERM LOAN NOTEEmpire Resorts Inc • December 12th, 2003 • 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.
