0001193125-18-001145 Sample Contracts

Empire Resorts, Inc., as Borrower Monticello Raceway Management, Inc., as Guarantor DELAYED DRAW TERM LOAN CREDIT AGREEMENT Dated as of December 28, 2017 Bangkok Bank PCL, New York Branch, as Lender
Delayed Draw Term Loan Credit Agreement • January 3rd, 2018 • Empire Resorts Inc • Retail-eating & drinking places • New York

DELAYED DRAW TERM LOAN CREDIT AGREEMENT (the “Agreement”) dated as of December 28, 2017, between EMPIRE RESORTS, INC. (the “Borrower”), MONTICELLO RACEWAY MANAGEMENT, INC. (a “Guarantor”), and Bangkok Bank PCL, New York Branch, as lender (the “Lender”).

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Kien Huat Realty III Limited
Letter Agreement • January 3rd, 2018 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
NOTE EXCHANGE AGREEMENT
Note Exchange Agreement • January 3rd, 2018 • Empire Resorts Inc • Retail-eating & drinking places • New York

This Note Exchange Agreement (this “Agreement”), dated as of December 28, 2017 (the “Effective Date”), is made by and among Empire Resorts, Inc., a Delaware corporation (“Parent”), Montreign Holding Company, LLC, a New York limited liability company and a wholly-owned subsidiary of Parent (the “Company”), and Kien Huat Realty III Limited, a corporation organized in the Isle of Man (the “Holder”). All capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Loan Documents (as defined below).

LOAN AGREEMENT Dated as of December 28, 2017 between EMPIRE RESORTS, INC., as Borrower, and KIEN HUAT REALTY III LIMITED, as Lender
Loan Agreement • January 3rd, 2018 • Empire Resorts Inc • Retail-eating & drinking places • New York

THIS LOAN AGREEMENT (this “Agreement”), made as of December 28, 2017, between EMPIRE RESORTS, INC., a Delaware corporation, as borrower (“Borrower”), and KIEN HUAT REALTY III LIMITED, a corporation organized in the Isle of Man, as lender (together with its successors and assigns, “Lender”). Lender and Borrower are hereinafter referred to collectively as the “Parties” or individually as a “Party”.

Kien Huat Realty III Limited
Termination of Follow-on Standby Purchase Commitment • January 3rd, 2018 • Empire Resorts Inc • Retail-eating & drinking places
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