EMPIRE RESORTS, INC.Assignment of Limited Liability Company Membership Interests • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places
The undersigned, being all of the Members of BKB, LLC ("BKB"), pursuant to that certain Amended and Restated Securities Contribution Agreement dated as of December 12, 2003, by and between Empire Resorts, Inc., Alpha Monticello, Inc., Catskill Development, L.L.C, Americas Tower Partners, Monticello Realty L.L.C., Watertone Holdings, LP, New York Gaming, LLC, Fox-Hollow Lane, LLC, Shamrock Strategies, Inc., Clifford A. Ehrlich, BKB, Robert A. Berman, Philip B. Berman, Scott A. Kaniewski, Kaniewski Family Limited Partnership and KFP Trust (the "SECURITIES CONTRIBUTION AGREEMENT"), and the unanimous . written consent of the members of BKB, effective as of the Closing (as defined in the Securities Contribution Agreement), hereby (i) assign, transfer and convey all of their right, title and interest in their limited liability company membership interest in Monticello Raceway Development Company, LLC ("MRD") to Empire Resorts, Inc. in the percentages set forth on Schedule A hereto and (ii) c
