On October 14, 2019, Empire Resorts, Inc. (the “Company”), mailed to all registered and beneficial stockholders a Proxy
Statement setting forth the date for a special meeting of the stockholders to vote on, among other things, the approval of that certain Agreement and Plan of Merger, dated as of August 18, 2019 (the “Merger Agreement”), by and among
the Company, Hercules Topco LLC, a Delaware limited liability company (“Parent”), and Hercules Merger Subsidiary Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”). Parent and Merger Sub are
affiliates of Kien Huat Realty III Limited, the Company’s largest stockholder, and Genting Malaysia Berhard.
On October 29,
2019, the Company sent a reminder letter to all registered and beneficial stockholders holding one hundred seventy-seven (177) shares or more who have not yet submitted a vote on the approval of the Merger Agreement. A copy of this special
reminder letter is furnished as Exhibit 99.1 hereto and is incorporated into this Item 8.01 by reference.
Additional Information and Certain
Information Regarding Participants
The Company, its directors and certain of its executive officers may be deemed to be participants in
the solicitation of proxies from Company stockholders in connection with the proposed transaction. The Company has filed a definitive proxy statement and other relevant materials with the SEC on October 11, 2019 in connection with any such
solicitation of proxies from Company stockholders. COMPANY STOCKHOLDERS ARE STRONGLY ENCOURAGED TO READ THE PROXY STATEMENT AND ANY OTHER RELEVANT MATERIALS IN THEIR ENTIRETY AS THEY WILL CONTAIN IMPORTANT INFORMATION. Information regarding the
ownership of the Company’s directors and executive officers in the Company’s common stock is included in their SEC filings on Forms 3, 4, and 5, which can be found through the Company’s website (http://www.empireresorts.com),
or through the SEC’s website at www.sec.gov. Information can also be found in the Company’s other SEC filings, including the Company’s Annual Report on Form 10-K for the year
ended December 31, 2018. More detailed and updated information regarding the identity of potential participants, and their direct or indirect interests, by security holdings or otherwise, will be set forth in the definitive proxy statement and
other materials filed with the SEC in connection with the proposed transaction. Stockholders may obtain the definitive proxy statement, any amendments or supplements to the proxy statement and other documents filed by the Company with the SEC for no
charge at the SEC’s website at www.sec.gov. Copies are also available at no charge at the Company’s website at http://www.empireresorts.com, or by writing to Empire Resorts, Inc., at c/o Monticello Casino and Raceway, 204
State Route 17B, P.O. Box 5013, Monticello, New York 12701.
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Item 9.01
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Financial Statements and Exhibits.
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(d) Exhibits.
