- Current report filing (8-K)
April 17 2009 - 9:21AM
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):
April 15,
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
5.02.
|
Departure of Directors
or Certain Officers; Election of Directors; Appointment of Certain
Officers; Compensatory Arrangements of Certain
Officers
.
|
On April
16, 2009, Empire Resorts, Inc. (the “Company”) entered into an agreement a
Separation and Release Agreement with Ronald J. Radcliffe dated as of April 14,
2009 (the “Separation Agreement”) in connection with Mr. Radcliffe’s resignation
effective June 30, 2009. Pursuant to the Separation Agreement, Mr.
Radcliffe shall be paid a lump sum payment not later than April 25, 2009 in the
amount of fifty one thousand six hundred sixty seven dollars ($51,667.00)
representing two months salary. In addition, the Separation Agreement
provides for the extension of the expiration dates of options to purchase common
stock previously granted to Mr. Radcliffe for three years from June 30,
2009. Mr. Radcliffe has provided the Company with a general release
from any and all claims related to his employment. Further, until
March 30, 2010, Mr. Radcliffe has agreed not to compete with the Company in the
State of New York or any other jurisdiction that directly competes with the
Company. The Separation Agreement also includes confidentiality,
non-disparagement and non-disclosure obligations. Mr. Radcliffe has
agreed to make himself available to consult with the Company after June 30, 2009
on a per diem basis.
The
foregoing summary of the Separation Agreement does not purport to be complete
and is qualified in its entirety by reference to the full copy of such
agreement, which is filed herewith as Exhibit 99.1 and is incorporated herein by
reference into this Item 5.02.
Item
8.01.
|
Other
Events
.
|
On April
15, 2009, the Company received a letter from Plainfield Asset Management LLC, a
copy of which is filed herewith as Exhibit 99.2.
Item
9.01.
|
Financial Statements
and Exhibits
.
|
(d) Exhibits
|
Exhibit
Number
|
Description
|
|
|
|
|
99.1
|
Separation
and Release Agreement, dated as of April 14, 2009, between Empire Resorts,
Inc. and Ronald J. Radcliffe.
|
|
99.2
|
Letter
received from Plainfield Asset Management LLC dated April 15,
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:
April 17, 2009
|
By:
|
|
|
|
Name:
|
Charles
Degliomini
|
|
|
Title:
|
Senior
Vice President
|
Empire Resorts (NASDAQ:NYNY)
Historical Stock Chart
From Jun 2024 to Jul 2024
Empire Resorts (NASDAQ:NYNY)
Historical Stock Chart
From Jul 2023 to Jul 2024