X0306 4 2019-11-15 1 0000906780 EMPIRE RESORTS INC NYNY 0001672836 Horn Keith C/O MONTICELLO CASINO AND RACEWAY ROUTE 17B, P.O. BOX 5013 MONTICELLO NY 12701 1 0 0 0 Common Stock, par value $.01 per share 2019-11-15 4 D 0 20250 9.74 D 0 D Restricted Stock Units 2019-11-15 4 D 0 6400 D Common Stock, par value $.01 per share 6400 0 D Disposed of pursuant to the Agreement and Plan of Merger, by and between Empire Resorts, Inc. (the "Company"), Hercules Topco LLC, and Hercules Merger Subsidiary Inc. (the "Merger Agreement"), on the effective date of the merger. On May 6, 2019, Mr. Horn was granted 6,400 restricted stock units ("RSUs") under the Empire Resorts, Inc. 2015 Equity Incentive Plan, as amended, which were to vest on May 15, 2020. Each RSU represented the right to receive one share of the Company's common stock. On the effective date of the merger, all outstanding RSUs, whether or not then vested, were canceled, extinguished and converted into the right to receive the merger consideration issuable to holders of common stock pursuant to the Merger Agreement. /s/ Nanette L. Horner, by Power of Attorney 2019-11-15