CREDIT FACILITY AGREEMENT BY AND AMONG THE EMPIRE SPORTS & ENTERTAINMENT HOLDINGS CO. AND THE EMPIRE SPORTS & ENTERTAINMENT, CO. AND EXCX FUNDING CORP. AND BARRY HONIG AND MICHAEL BRAUSER, LENDERS Executed and Effective as of February 23, 2011Credit facility agreement • March 1st, 2011 • Empire Sports & Entertainment Holdings Co. • Services-motion picture & video tape production • New York
THIS CREDIT FACILITY AGREEMENT is made and effective as of February __, 2011 (the “Effective Date”), by and among The Empire Sports &Entertainment Holdings Co., a Nevada corporation (the “Parent”),The Empire Sports & Entertainment, Co., a Nevada corporation (the “Operating Sub”), and EXCX Funding Corp., a Nevada corporation(“ EXCX ” and together with Parent and the Operating Sub, the“Borrowers”), a wholly-owned subsidiary of the Parent, andeach party that from time to time is a “Lender” hereunder(each, a “Lender” and collectively, the “Lenders”).
COLLATERAL ACCOUNT AGREEMENTCollateral Account Agreement • March 1st, 2011 • Empire Sports & Entertainment Holdings Co. • Services-motion picture & video tape production • New York
WHEREAS, each party listed as a "Lender" on the Schedule “A” attached hereto have made certain loans (the “Loans”) pursuant to a Credit Facility Agreement of even date herewith (the “Credit Agreement”) by and among The Empire Sports & Entertainment Holdings Co., a Nevada corporation (the “Parent”),The Empire Sports & Entertainment, Co., a Nevada corporation (the “Operating Sub”), and EXCX Funding Corp., a Nevada corporation, collectively as Borrowers, and Barry Honig and Michael Brauser, (each a "Lender" and collectively, the "Lender")(the “Loans”) to or for the benefit of Pledgor;
CONTRIBUTION AND SECURITY AGREEMENTContribution and Security Agreement • March 1st, 2011 • Empire Sports & Entertainment Holdings Co. • Services-motion picture & video tape production
THIS Contribution Agreement is made this23rdday of February 2011 by and among Sheldon Finkel (“SF”), Barry Honig (“BH”) and Michael Brauser (“MB”) (each of BH and MB a "Lender" and collectively, the "Lenders").
AMENDMENT AGREEMENTAmendment Agreement • March 1st, 2011 • Empire Sports & Entertainment Holdings Co. • Services-motion picture & video tape production • California
THIS AMENDMENT AGREEMENT (this “Agreement”), dated as of March 1, 2011 is entered into by and among The Empire Sports & Entertainment Holdings Co., a Nevada corporation (the Parent”), The Empire Sports & Entertainment, Co., a Nevada corporation (the “Operating Sub”), and EXCX Funding Corp., a Nevada corporation (“EXCX” and together with Parent and the Operating Sub, the “Borrowers”), a wholly-owned subsidiary of the Parent, and each party that from time to time is a “Lender” under the Credit Facility Agreement (as defined below). Capitalized terms used herein, but not otherwise defined, shall have the meanings ascribed to such terms in the Credit Facility Agreement.
