form8k05558_05232008.htm

0000921895-08-001548.txt : 20080527 0000921895-08-001548.hdr.sgml : 20080526 20080527142759 ACCESSION NUMBER: 0000921895-08-001548 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20080523 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080527 DATE AS OF CHANGE: 20080527 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EMPIRE RESORTS INC CENTRAL INDEX KEY: 0000906780 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING & DRINKING PLACES [5810] IRS NUMBER: 133714474 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12522 FILM NUMBER: 08860348 BUSINESS ADDRESS: STREET 1: RT 17B STREET 2: P.O. BOX 5013 CITY: MONTICELLO STATE: NY ZIP: 12701 BUSINESS PHONE: (845) 807-0001 MAIL ADDRESS: STREET 1: RT 17B STREET 2: P.O. BOX 5013 CITY: MONTICELLO STATE: NY ZIP: 12701 FORMER COMPANY: FORMER CONFORMED NAME: ALPHA HOSPITALITY CORP DATE OF NAME CHANGE: 19930614 8-K 1 form8k05558_05232008.htm form8k05558_05232008.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): May 23, 2008

EMPIRE RESORTS, INC.
(Exact name of registrant as specified in its charter)

Delaware	001-12522	13-3714474
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

701 N. Green Valley Parkway, Suite 200, Henderson, NV		89074
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: xxx

N/A

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On May 23, 2008, Empire Resorts, Inc. (the “Company”) entered into amendment to the employment agreements with David P. Hanlon, the Company’s chief executive officer and president (the “Hanlon Amendment”), and Ronald Radcliffe, the Company’s chief financial officer (the “Radcliffe Amendment”), pursuant to which the initial term of each of the employment agreements was extended from May 23, 2008 to June 23, 2008.

The foregoing description of the terms and the conditions of the Hanlon Amendment and the Radcliffe Amendment do not purport to be complete and are qualified in its entirety by reference to the full text of the Hanlon Amendment and the Radcliffe Amendment, which are attached hereto as Exhibit 99.1 and Exhibit 99.2, respectively, and are incorporated by reference herein.

Item 9.01. Financial Statement and Exhibits.

(d)	Exhibits

	Exhibit No.	Exhibits

	99.1	Amendment Number 1 dated as of May 23, 2008 to the Employment Agreement between Empire Resorts, Inc. and David P. Hanlon dated May 23, 2005.

	99.2	Amendment Number 1 dated as of May 23, 2008 to the Employment Agreement between Empire Resorts, Inc. and Ronald Radcliffe dated May 23, 2005.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	EMPIRE RESORTS, INC.


Dated: May 27, 2008	By:	/s/ Ronald J. Radcliffe
		Name: Ronald J. Radcliffe
		Title: Chief Financial Officer

EX-99.1 2 ex991to8k05558_05232008.htm ex991to8k05558_05232008.htm

Exhibit 99.1

AMENDMENT NUMBER 1

TO THE

EMPLOYMENT AGREEMENT DATED MAY 23, 2005

This AMENDMENT NUMBER 1 TO EMPLOYMENT AGREEMENT DATED MAY 23, 2005 (the “Amendment”), is entered into as of the 23rd day of May, 2008, by and between Empire Resorts, Inc. (the “Company”) and David P. Hanlon (the “Executive”).

WHEREAS, an Employment Agreement (the “Agreement”) was executed effective as of May 23, 2005, between the Company and the Executive, hereinafter also referred to as the “Parties”; and

WHEREAS, the Agreement is set to expire on May 23, 2008; and

WHEREAS, the Parties are in negotiations to revise the terms of the Agreement; and

WHEREAS, the Parties wish by this Amendment to extend the Initial Term of the Agreement from May 23, 2008 to June 23, 2008, in order to allow the parties to conclude their negotiations; and

WHEREAS, both Parties are amenable to the extension.

NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties agree to extend the Agreement as follows:

1.	Term. The Initial Term of the Agreement is extended until June 23, 2008.

2.	General Terms. All other provisions of the Agreement shall remain in effect until execution of a new Employment Agreement.

IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by a duly authorized officer and the Executive has executed this Amendment as of the dates identified below.

	THE COMPANY:
	EMPIRE RESORTS, INC.


	BY:	/s/ Robert H. Friedman


	THE EXECUTIVE:
	DAVID P. HANLON

	BY:	/s/ David P. Hanlon

EX-99.2 3 ex992to8k05558_05232008.htm ex992to8k05558_05232008.htm

Exhibit 99.2