SEC Form 4 · accession 0000903423-15-000093
EMPIRE RESORTS INC · NYNY
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Period of report
Feb 6, 2015
Accepted (ET)
Feb 9, 2015 · 3:37 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 StockF2 | Feb 6, 2015 | X | 2,667,165 | $7.10 | A | 31,191,035 | D |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Subscription Rights (right to buy)F2 | $7.10 | Feb 6, 2015 | X | 2,667,165 | D | Feb 6, 2015 | Feb 6, 2015 | Common Stock | 2,667,165 | 0 | D |
Explanation of responses
- F1Purchase of shares pursuant to a Standby Purchase Agreement by and between the Issuer and Kien Huat Realty III Limited.
- F2Kien Huat Realty III Ltd. ("Kien Huat") has direct beneficial ownership of the 31,191,035 shares reported in this Form 4 (the "Shares"). Lim Kok Thay ("Mr. Lim") controls Kien Huat through two trusts that directly and indirectly own all the shares of Kien Huat and, therefore, Mr. Lim has indirect beneficial ownership of such Shares. Mr. Lim has the power to remove and replace the trustees of such trusts in his sole discretion and is one of the beneficiaries of such trusts. Mr. Lim disclaims beneficial ownership of the Shares for purposes of Section 16 reporting except to the extent of his pecuniary interest.