- Current report filing (8-K)
December 13 2012 - 1:17PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or Section 15(d) of the
Securities
Exchange Act of 1934
Date of Report (Date of earliest event reported): December 7, 2012
EMPIRE RESORTS, INC.
(Exact name of registrant as specified in its charter)
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Delaware
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001-12522
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13-3714474
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(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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c/o Monticello Casino and Raceway, 204 State Route 17B,
P.O. Box 5013, Monticello, NY
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12701
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(Address of principal executive offices)
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(Zip Code)
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Registrants telephone number, including area code: (845) 807-0001
Not Applicable
(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 to the registrant under any of the following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 5.02.
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Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
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On December 7, 2012, Empire Resorts, Inc. (the Company) entered into an employment
agreement with Charles A. Degliomini (the Degliomini Employment Agreement), pursuant to which Mr. Degliomini will continue to serve as the Companys Executive Vice President. The Degliomini Employment Agreement supersedes
Mr. Degliominis existing employment agreement with the Company, which was entered into on June 29, 2012 (the June Agreement). The terms and conditions of the Degliomini Employment Agreement are substantially similar to
the June Agreement, except that: (i) the term of employment was extended from June 28, 2013 to December 31, 2014; (ii) the amount of base salary that Mr. Degliomini would be entitled to receive if his employment were
terminated without Cause (as defined in the Degliomini Employment Agreement) or with Good Reason (as defined in the Degliomini Employment Agreement) before a Change in Control (as defined in the Degliomini Employment Agreement) was increased from
twelve months to 18 months and (iii) the amount of base salary that Mr. Degliomini would be entitled to receive if his employment were terminated without Cause or with Good Reason after a Change in Control was increased from twelve months
to 24 months.
This summary description is qualified in its entirety by reference to the actual Degliomini Employment
Agreement, which is filed as 10.1 to this Form 8-K and is incorporated herein by reference.
Item 9.01.
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Financial Statements and Exhibits.
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10.1
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Employment Agreement, dated as of December 7, 2012, by and between Empire Resorts, Inc. and Charles A. Degliomini.
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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.
Dated: December 13, 2012
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EMPIRE RESORTS, INC.
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By:
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/s/ Joseph A. DAmato
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Name:
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Joseph A. DAmato
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Title:
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Chief Executive Officer
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Exhibit Index
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10.1
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Employment Agreement, dated as of December 7, 2012, by and between Empire Resorts, Inc. and Charles A. Degliomini.
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