0001104659-05-000330 Sample Contracts

VOTING AGREEMENT
Voting Agreement • January 5th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • Delaware

VOTING AGREEMENT (this “Agreement”), dated as of November 12, 2004, by and among Joseph Bernstein (“Stockholder”), Concord Associates Limited Partnership (“Concord”) and Sullivan Resorts LLC (“Sullivan,” together with Concord and their respective affiliates that own or lease any portion of the Resort Properties, “Transferors”).

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