AGREEMENT AND PLAN OF MERGER by and among HERCULES TOPCO LLC, HERCULES MERGER SUBSIDIARY INC. and EMPIRE RESORTS, INC. Dated as of August 18, 2019Merger Agreement • August 19th, 2019 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
Contract Type FiledAugust 19th, 2019 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER, dated as of August 18, 2019 (this “Agreement”), by and among Hercules Topco LLC, a Delaware limited liability company (“Parent”), Hercules Merger Subsidiary Inc., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and Empire Resorts, Inc., a Delaware corporation (the “Company” and, together with Parent and Merger Sub, the “Parties”).