AMENDMENT NO. 1 TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • October 14th, 2009 • Empire Resorts Inc • Retail-eating & drinking places • New York
THIS AMENDMENT NO. 1 (this “Amendment”) is entered into as of October 9, 2009, by and among EMPIRE RESORTS, INC., a New York corporation (“Borrower”), ALPHA MONTICELLO, INC. (“AMI”), ALPHA CASINO MANAGEMENT INC. (“ACMI”), MOHAWK MANAGEMENT, LLC (“MML”), MONTICELLO CASINO MANAGEMENT, LLC (“MCML”), MONTICELLO RACEWAY DEVELOPMENT COMPANY, LLC (“MRDC”), MONTICELLO RACEWAY MANAGEMENT, INC. (“MRMI”; and together with AMI, ACMI, MML, MCML and MRDC, collectively, the “Guarantors”), the financial institutions set forth on the signature pages hereto (each a “Bank” and collectively, the “Banks”) and THE PARK AVENUE BANK as agent for Banks (in such capacity, “Agent”).
