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0000921895-09-001518 Sample Contracts

AMENDMENT NO. 5
Loan Agreement • May 29th, 2009 • Empire Resorts Inc • Retail-eating & drinking places • New York

AMENDMENT NO. 5 (this “Amendment”), dated as of May 29, 2009, among EMPIRE RESORTS, INC., a Delaware corporation (“Borrower”), the GUARANTORS listed on the signature page hereof, the lenders listed on the signature page hereof (each a “Bank” and collectively, the “Banks”) and BANK OF SCOTLAND PLC, as agent for the Banks (in such capacity, the “Agent”).