FIRST AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENTDelayed Draw Term Loan Credit Agreement • June 26th, 2018 • Empire Resorts Inc • Retail-eating & drinking places • New York
THIS FIRST AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT (this “Amendment”), dated as of June 25, 2018 and effective as of the Effective Date (as hereinafter defined), is made and entered into by and among EMPIRE RESORTS, INC., a Delaware corporation (the “Borrower”), MONTICELLO RACEWAY MANAGEMENT, INC., a New York corporation (the “Guarantor”), and BANGKOK BANK PCL, NEW YORK BRANCH, as lender (the “Lender”).
SUBORDINATE LOAN AGREEMENT Dated as of June 25, 2018 between EMPIRE RESORTS, INC., as Borrower, and KIEN HUAT REALTY III LIMITED, as LenderSubordinate Loan Agreement • June 26th, 2018 • Empire Resorts Inc • Retail-eating & drinking places • New York
THIS SUBORDINATE LOAN AGREEMENT (this “Agreement”), made as of June 25, 2018, 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”.
Form of Promissory Note PROMISSORY NOTE Dated as of June 25, 2018 made by EMPIRE RESORTS, INC., as Maker, for the benefit of KIEN HUAT REALTY III LIMITED, as HolderPromissory Note • June 26th, 2018 • Empire Resorts Inc • Retail-eating & drinking places • New York
This Promissory Note (this “Note”) is the Note referred to in that certain Loan Agreement, dated as of the date hereof, by and between the Maker, as borrower, and the Holder, as lender, (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Loan Agreement”) and evidences the Loan made by the Holder. Reference to the Loan Agreement is hereby made for a statement of the rights of the Holder and the duties and obligations of the Maker, but neither this reference to the Loan Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of the Maker to pay the principal, interest and other amounts payable with respect to this Note when due. The Principal Amount shall bear interest at the rates provided for in the Loan Agreement.
