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
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
  1. 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").
  2. 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.
  3. 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.