SEC Form 4 · accession 0000899243-15-007603
EMPIRE RESORTS INC · NYNY
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owner
Nancy Palumbo
Director
Period of report
Nov 3, 2015
Accepted (ET)
Nov 4, 2015 · 6:08 pm EST
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0000906780
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| Common Stock, $.01 par value per shareF1 | Nov 3, 2015 | A | 15,000 | $0.00 | A | 61,668 | D | |
| Common Stock, $.01 par value per share | Nov 4, 2015 | M | 8,333 | $2.79 | A | 70,001 | D | |
| Common Stock, $.01 par value per shareF3 | Nov 4, 2015 | S | 8,333 | $4.8342 | D | 61,668 | D |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Option to purchase Common Stock (right to buy)F4 | $2.79 | Nov 4, 2015 | M | 8,333 | D | — | Nov 8, 2015 | Common Stock, $.01 par value per share | 8,333 | 0 | D |
Explanation of responses
- F1Restricted stock grant under the 2015 Empire Resorts, Inc. Equity Incentive Plan, which shall vest on January 6, 2017.
- F2The exercise of an option held by Ms. Palumbo and the sale of the underlying shares were effected pursuant to a Rule 10b5-1 trading plan adopted by Ms. Palumbo effective as of December 22, 2014.
- F3The price reported in Column 4 is a weighted average price. These shares were sold in more than one transaction at a price ranging from $4.77 to $4.94, inclusive. The reporting person undertakes to provide to Empire Resorts, Inc., any security holder of the Company or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the range set forth in this footnote.
- F4The option was fully vested as of November 9, 2013.