EMPIRE RESORTS, INC. Award AgreementAward Agreement • March 10th, 2016 • Empire Resorts Inc • Retail-eating & drinking places
This Award Agreement evidences an Award of shares of Restricted Stock pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Plan):
EMPIRE RESORTS, INC. Award AgreementAward Agreement • March 10th, 2016 • Empire Resorts Inc • Retail-eating & drinking places
This Award Agreement evidences an Award of Stock Appreciation Rights pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Plan):
EMPIRE RESORTS, INC. Award AgreementAward Agreement • March 10th, 2016 • Empire Resorts Inc • Retail-eating & drinking places
This Award Agreement evidences a grant of Stock pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Plan):
COMPLETION GUARANTYCompletion Guaranty • March 10th, 2016 • Empire Resorts Inc • Retail-eating & drinking places • New York
THIS COMPLETION GUARANTY (this “Guaranty”) is dated December 28, 2015 by EMPIRE RESORTS, INC., a Delaware corporation (“Guarantor”), for the benefit of EPR Concord II, L.P., a Delaware limited partnership, EPT Concord II, LLC, a Delaware limited liability company and Adelaar Developer, LLC, a Delaware limited liability company (collectively, the “EPR Developers”) and EPR Properties (collectively, together with the EPR Developers, the “EPR Parties”).
COMPLETION GUARANTYEmpire Resorts Inc • March 10th, 2016 • Retail-eating & drinking places • New York
THIS COMPLETION GUARANTY (this “Guaranty”) is dated December 28, 2015 by EPR PROPERTIES (“Guarantor”), for the benefit of Montreign Operating Company LLC, a New York limited liability company (the “Montreign Developer”), Empire Resorts Real Estate I, LLC, a New York limited liability company (the “Golf Course Developer”) and Empire Resorts Real Estate II, LLC, a New York limited liability company (the “Entertainment Village Developer”, and collectively, together with Montreign Developer and the Golf Course Developer, the “Empire Developers”) and Empire Resorts, Inc., a Delaware corporation (collectively, together with the Empire Developers, the “Empire Parties”).
December 31, 2015Empire Resorts Inc • March 10th, 2016 • Retail-eating & drinking places
Reference is made to that certain Investment Agreement, dated August 19, 2009, as amended by that certain First Amendment and Clarification to the Investment Agreement, dated September 30, 2009 (as amended the “Investment Agreement”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Investment Agreement.
PURCHASE OPTION AGREEMENTPurchase Option Agreement • March 10th, 2016 • Empire Resorts Inc • Retail-eating & drinking places • New York
THIS PURCHASE OPTION AGREEMENT (the “Agreement”), dated December 28th, 2015 (the “Effective Date”), is made by and among Adelaar Developer, LLC, a Delaware limited liability company (“Adelaar”), EPT Concord II, LLC, a Delaware limited liability company (“Casino Seller”) and EPR Concord II, L.P., a Delaware limited partnership (“EPR LP”, together with Adelaar, “GC/EV Seller”, and GC/EV Seller together with Casino Seller, collectively, “Seller”), for itself, its successors and assigns, to Montreign Operating Company, LLC, a New York limited liability company (together with its successors and assigns as operator of the Casino Parcel (as defined below) and assignees permitted hereby, “Buyer”).
