VOTING AGREEMENTVoting Agreement • August 19th, 2019 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
This VOTING AGREEMENT (this “Agreement”), is dated as of August 18, 2019, by and among Empire Resorts, Inc., a Delaware corporation (the “Company”), and the individuals and entities listed on Annex A (collectively, the “Stockholders” and each, a “Stockholder”).
Kien Huat Realty III LimitedEmpire Resorts Inc • August 19th, 2019 • Retail-eating & drinking places • Delaware
Reference is made to that certain letter agreement between the Empire Resorts, Inc. (“Empire”) and Kien Huat Realty III Ltd. (“KHRL”) entered into on November 6, 2019 (as amended and restated on November 9, 2018 and May 7, 2019, the “2018 KHRL Preferred Stock Commitment Letter”), pursuant to which KHRL committed to provide equity financing in support of the general corporate and working capital requirements of Empire and its subsidiaries. Pursuant to the 2018 KHRL Preferred Stock Commitment Letter, KHRL agreed to purchase up to $126 million of Empire’s Series F Preferred Stock on the terms set forth in the 2018 KHRL Preferred Stock Commitment Letter pursuant to the following schedule: (i) up to $12 million no earlier than November 9, 2018; (ii) up to $20 million no earlier than February 15, 2019; (iii) up to $27 million no earlier than May 15, 2019; (iv) up to $15 million no earlier than June 17, 2019; (v) up to $15 million no earlier than August 15, 2019; and (v) up to $37 million no
