0000921895-09-002149 Sample Contracts

FIRST AMENDMENT TO SECURITY AGREEMENT
Security Agreement • July 30th, 2009 • Empire Resorts Inc • Retail-eating & drinking places • New York

FIRST AMENDMENT, dated as of July 27, 2009 (the “Amendment”), to SECURITY AGREEMENT dated as of January 11, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”) by EMPIRE RESORTS, INC., a Delaware corporation (the “Company”), and each of its Subsidiaries now or hereafter party thereto (such Subsidiaries, together with Company, each, a “Debtor” and, collectively, the “Debtors”), in favor of BANK OF SCOTLAND (“BoS”), as agent (together with its successor(s) thereto in such capacity “Agent”) for the Banks. Terms that are capitalized in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.

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EMPIRE RESORTS, INC. Route 17B, PO Box 5013 Monticello, New York 12701 July 27, 2009
Empire Resorts Inc • July 30th, 2009 • Retail-eating & drinking places • New York
FIRST AMENDMENT TO PLEDGE AGREEMENT
Pledge Agreement • July 30th, 2009 • Empire Resorts Inc • Retail-eating & drinking places • New York

FIRST AMENDMENT, dated as of July 27, 2009 (the “Amendment”), to PLEDGE AGREEMENT dated as of January 11, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”) by EMPIRE RESORTS, INC., a Delaware corporation (the “Company”), and each of its Subsidiaries now or hereafter party thereto (such Subsidiaries, together with Company, each, a “Pledgor” and, collectively, the “Pledgors”), in favor of BANK OF SCOTLAND (“BoS”), as agent (together with its successor(s) thereto in such capacity “Pledgee”) for the Banks. Terms that are capitalized in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.

Contract
Investor Rights Agreement • July 30th, 2009 • Empire Resorts Inc • Retail-eating & drinking places • New York

This Investor Rights Agreement (as it may be amended from time to time, this "Agreement"), dated as of July 27, 2009, is entered into by and among Empire Resorts, Inc., a Delaware corporation (the "Company") and the persons who execute this Agreement as Warrantholders (the "Warrantholders")

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