SEC Form 4 · accession 0000899243-19-001817
EMPIRE RESORTS INC · NYNY
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
A later amendment supersedes this filing — read the amendment. The figures below are kept as originally reported (version chain, not an overwrite).
Reporting owner
Nanette L. Horner
Officer — EVP, Chief Counsel, CCO
Period of report
Jan 20, 2019
Accepted (ET)
Jan 23, 2019 · 9:25 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 | Jan 20, 2019 | M | 11,250 | $0.00 | A | 27,584 | D |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Restricted Stock UnitsF1,F2 | — | Jan 20, 2019 | A | 22,500 | A | — | — | Common Stock, par value $.01 per share | 22,500 | 22,500 | D |
| Restricted Stock UnitsF1,F2 | — | Jan 20, 2019 | M | 11,250 | D | — | — | Common Stock, par value $.01 per share | 11,250 | 11,250 | D |
Explanation of responses
- F1Each restricted stock unit ("RSU") represents a contingent right to receive one share of common stock of Empire Resorts, Inc. (the "Company"). The Company may also elect to settle the vested RSUs for cash at its discretion.
- F2Ms. Horner was granted 22,500 RSUs under the Empire Resorts, Inc. 2015 Equity Incentive Plan, as amended (the "Plan"), 11,250 of which RSUs vested immediately on the date of grant and 11,250 of which shall vest on March 20, 2019; provided that the RSUs shall vest immediately upon a Change in Control. Subject to Ms. Horner's continued employment with the Company, the shares of common stock deliverable upon vesting of the RSUs shall be delivered on March 20, 2019. All capitalized but undefined terms have the meanings ascribed thereto by the Plan.