- Current report filing (8-K)
February 05 2009 - 4:19PM
Edgar (US Regulatory)
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):
January 30,
2009
|
(Exact
name of registrant as specified in its charter)
|
|
|
|
|
|
|
(State
or other jurisdiction
of
incorporation)
|
(Commission
File
Number)
|
(IRS
Employer
Identification
No.)
|
|
|
|
701
N. Green Valley Parkway, Suite 200, Henderson,
NV
|
|
(Address
of principal executive offices)
|
(Zip
Code)
|
Registrant’s
telephone number, including area code:
(702)
990-3355
|
(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
1.01.
Entry into a Material
Definitive Agreement
.
On
January 30, 2009, Empire Resorts, Inc. (the “Company”) entered into an amendment
(the “Amendment”) to that certain Agreement to Form Limited Liability Company
and Contribution Agreement, among Concord Associates, L.P. (“Concord”) and the
Company, dated as of February 8, 2008, as amended (the “Agreement”) pursuant to
which the Company and Concord plan to develop a hotel, convention center, gaming
facility and harness horseracing track at the site of the former Concord Resort
Hotel in Kiamesha Lake, New York (the “Project”). The Amendment,
dated as of January 30, 2009, extends the termination date of the Agreement from
January 30, 2009 to February 28, 2009, and deletes all other termination
provisions.
The
foregoing summary of the Amendment does not purport to be complete and is
subject to and qualified in its entirety by reference to the actual text of such
amendment, a copy of which is attached hereto as
Exhibit 99.1
and
incorporated herein by reference.
Item
8.01.
Other
Events
.
The
Company has been informed by Concord, who is responsible for obtaining financing
for the Project, that it is highly unlikely that the financing for the Project
will provide for a distribution to the Company of at least $50
million.
Item
9.01.
Financial Statement and
Exhibits
.
(d) Exhibits
|
99.1
|
Second
Amendment to Agreement to Form Limited Liability Company and Contribution
Agreement, among Concord Associates, L.P. and Empire Resorts, Inc., dated
as of January 30, 2009.
|
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: February
5, 2009
|
By:
|
/s/
Ronald J. Radcliffe
|
|
Name:
Ronald J. Radcliffe
|
|
Title:
Chief Financial Officer
|
Empire Resorts (NASDAQ:NYNY)
Historical Stock Chart
From Sep 2024 to Oct 2024
Empire Resorts (NASDAQ:NYNY)
Historical Stock Chart
From Oct 2023 to Oct 2024