EXHIBIT 10.3 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT") is made and entered into as of July 26, 2004 among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), the subsidiary guarantors party hereto...Registration Rights Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALS:Pledge Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.11 LOAN AND SECURITY AGREEMENT MONTICELLO RACEWAY MANAGEMENT, INC. as Borrower,Loan and Security Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.16 EMPIRE RESORTS, INC. SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this "AGREEMENT") is dated as of January 26, 2004, among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), and the purchasers identified...Securities Purchase Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.1 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "AGREEMENT"), dated as of July 26, 2004, is made by EMPIRE RESORTS, INC., a Delaware corporation (the "COMPANY"), and each of its Subsidiaries now or hereafter party hereto (such...Security Agreement • August 16th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
Exhibit 10.30 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (the "AGREEMENT") is made and entered into as of January 12, 2004, by and between (i) New York Gaming, LLC, a Georgia limited liability company (the...Assignment and Assumption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 99.1 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of May 23, 2005 (the "Commencement Date"), by and between Empire Resorts, Inc., a Delaware corporation (the "Company"), and David P. Hanlon (the...Employment Agreement • May 27th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NEW YORK 10179 212-272-2000 DATE: 3/9/05 TO: Avon Road Partners, L.P. c/o Robert Berman TELEPHONE: 917-453-5100 FACSIMILE: 845-807-0000 FROM: Derivatives Documentation TELEPHONE: 212-272-2711...Empire Resorts Inc • December 19th, 2005 • Retail-eating & drinking places • New York
EXHIBIT 99.2 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of May 23, 2005 (the "Commencement Date"), by and between Empire Resorts, Inc., a Delaware corporation (the "Company"), and Ronald Radcliffe (the...Employment Agreement • May 27th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.14 GUARANTY AGREEMENT This Guaranty Agreement ("Agreement") is made and executed this 29th day of October, 2003 by Robert A. Berman ("Guarantor") in favor of The Berkshire Bank ("Lender") having a place of business at 4 East 39th Street,...Guaranty Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places
CONSULTING AGREEMENTConsulting Agreement • October 7th, 1997 • Alpha Hospitality Corp • Services-miscellaneous amusement & recreation • New York
to THE BERKSHIRE BANK, as mortgagee (Lender)Empire Resorts Inc • December 12th, 2003 • Retail-eating & drinking places
EXHIBIT 10.6 INTERCREDITOR AGREEMENTIntercreditor Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
Empire Resorts, Inc. and Continental Stock Transfer & Trust Company as Rights Agent RIGHTS AGREEMENT Dated as of March 24, 2008Rights Agreement • March 24th, 2008 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
RIGHTS AGREEMENT, dated as of March 24, 2008 (the “Agreement”), between Empire Resorts, Inc, a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York Corporation (the “Rights Agent”).
EXHIBIT 9 AMENDMENT NO. 1 TO VOTING AGREEMENT AMENDMENT NO. 1 TO VOTING AGREEMENT (this "AGREEMENT"), dated as of March 3, 2005, by and among Robert A. Berman ("STOCKHOLDER"), Concord Associates Limited Partnership ("CONCORD") and Sullivan Resorts LLC...Voting Agreement • December 19th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • Delaware
Exhibit 10.1 AMENDMENT NO. 3 TO OPTION AGREEMENT AMENDMENT NO. 3 TO OPTION AGREEMENT (this "AGREEMENT"), dated as of December 28, 2006, by between EMPIRE RESORTS, INC., a Delaware corporation, having an address at Monticello Raceway, Route 17B,...Option Agreement • January 3rd, 2007 • Empire Resorts Inc • Retail-eating & drinking places
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGER AND CONTRIBUTION Dated as of March 3, 2005 By and Among EMPIRE RESORTS, INC., EMPIRE RESORTS HOLDINGS, INC., EMPIRE RESORTS SUB, INC., CONCORD ASSOCIATES LIMITED PARTNERSHIPAgreement and Plan of Merger • March 8th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.19 THIS REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT"), dated as of the 30th day of January, 2004, is by and among Empire Resorts, Inc., a Delaware corporation (the "COMPANY"), and Jefferies & Company, Inc. (together with its registered...Registration Rights Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
ANDAgreement of Lease • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.50 Agreement Between Owner and Contractor AGREEMENT made as of the 30th day of January in the year 2004 BETWEEN the Owner: MONTICELLO RACEWAY MANAGEMENT, INC. and the Contractor: FLUOR ENTERPRISES, INC. The Project is: MONTICELLO RACINO...Empire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places
Exhibit 2 AGREEMENT OF JOINT FILING Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby consents to the joint filing on their behalf of a single Schedule 13D and any amendments thereto,...Agreement of Joint Filing • January 21st, 2004 • Empire Resorts Inc • Retail-eating & drinking places
Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby consents to the joint filing on their behalf of a single Schedule 13D and any amendments thereto, with respect to the ownership by each of the undersigned of shares of Common Stock of Empire Resorts, Inc. Each of the undersigned hereby further agrees that this statement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all of which counterparts shall together constitute one and the same instrument.
Exhibit 10.2 EXECUTION COPY SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "AGREEMENT"), dated as of January 10, 2005, is made by EMPIRE RESORTS, INC., a Delaware corporation (the "COMPANY"), and each of its Subsidiaries now or hereafter party...Security Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • February 9th, 1998 • Alpha Hospitality Corp • Services-miscellaneous amusement & recreation • Mississippi
ANDEmployment Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
AMENDMENT NO. 3Empire Resorts Inc • June 25th, 2007 • Retail-eating & drinking places • New York
ANDEmployment Agreement • March 30th, 2004 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALSRedemption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALS:Pledge Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
CATSKILL DEVELOPMENT, L.L.C. c/o Monticello Raceway Route 17B Monticello, New York 12701 January 12, 2004Empire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places • New York
Exhibit 10.4 After recording please return: Sullivan & Worcester LLP One Post Office Square Boston, MA 02109 Attention: Duncan T. O'Brien, Esq. MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILINGMortgage, Security Agreement • January 14th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
RECITALS:Agreement of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.36 GUARANTY OF LEASE This GUARANTY OF LEASE (the "GUARANTY") is made by Empire Resorts, Inc., a Delaware corporation, having an office at 707 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062 ("GUARANTOR"), for the benefit of Catskill...Guaranty of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
CATSKILL DEVELOPMENT, L.L.C. and MONTICELLO RACEWAY MANAGEMENT, INC. TERMINATION OF AGREEMENT OF LEASE This instrument affects real and personal property situated, lying and being in the Village of Monticello, Town of Thompson, County of Sullivan,...Termination of Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places
NON-DISTURBANCEAnd Attornment Agreement • December 12th, 2003 • Empire Resorts Inc • Retail-eating & drinking places • New York
EMPLOYMENT AGREEMENTEmployment Agreement • December 14th, 2017 • Empire Resorts Inc • Retail-eating & drinking places • New York
This EMPLOYMENT AGREEMENT (the “Agreement”) is effective as of December 12, 2017 (the “Commencement Date”), by and between Empire Resorts, Inc., a Delaware corporation (including its subsidiaries, the “Company”), and Jamie M. Sanko (the “Executive”, and the Company and the Executive collectively referred to herein as “the Parties”).
