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Filing Details

Accession Number:: 0001140361-10-006159
Form Type:: 4
Zero Holdings:: No
Publication Time:: 2010-02-12 12:00:00
Reporting Period:: 2010-02-12

Filing Date:: 2010-02-12
Accepted Time:: 2010-02-12 16:54:57
SEC Url:: Form 4 Filing

Issuer

Cik	Name	Symbol	Sector (SIC)	IRS No
906780	Empire Resorts Inc	NYINY	Retail-Eating & Drinking Places (5810)	133714474

Insiders

Cik	Name	Reported Address	Insider Title	Director	Officer	Large Shareholder	Other
1470308	Thay Kok Lim	22Nd Floor, Wisma Genting Jalan Sultan Ismail Kuala Lumpur N8 50250		No	No	Yes	No
1470324	Ltd Iii Realty Huat Kien	22Nd Floor, Wisma Genting Jalan Sultan Ismail Kuala Lumpur N8 50250		No	No	Yes	No

Reported Non-Derivative Transactions

Show Other Fields >>

Sec. Name	Acquisiton - Disposition	Date	Amount	Price	Remaning Holdings	Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
Common Stock	Acquisiton	2010-02-12	25,000	$1.40	34,825,892	No	4	P	Direct

Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
No	4	P	Direct

Footnotes

Under the terms of the Investment Agreement (the "Investment Agreement"), dated August 19, 2009, as amended on September 30, 2009, by and between Empire Resorts, Inc. and Kien Huat Realty III Limited ("Kien Huat"), if any option or warrant outstanding as of the initial closing of the transactions contemplated by the Investment Agreement on August 19, 2009 (the "Initial Closing") or the subsequent closing on November 12, 2009 (the "Subsequent Closing") (or, in limited circumstances, if issued after the Subsequent Closing) is exercised after the Initial Closing, Kien Huat shall have the right (following notice of such exercise) to purchase an equal number of additional shares of Common Stock as are issued upon such exercise at the exercise price for the applicable option or warrant (such right, the "Option Matching Right").
On February 12, 2010, Kien Huat exercised its Option Matching Right to purchase the additional 25,000 shares of Common Stock reflected in this Form 4 following exercise by a holder of options for such number of shares.
Kien Huat has direct beneficial ownership of the 34,825,892 shares reported in this Form 4 (the "Shares"). Lim Kok Thay ("Mr. Lim") controls Kien Huat through two trusts that directly and indirectly own all the shares of Kien Huat and, therefore, Mr. Lim has indirect beneficial ownership of such Shares. Mr. Lim has the power to remove and replace the trustees of such trusts in his sole discretion and is one of the beneficiaries of such trusts. Mr. Lim disclaims beneficial ownership of the Shares for purposes of Section 16 reporting except to the extent of his pecuniary interest.