EMPIRE RESORTS, INC. UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 31)*
Empire Resorts, Inc.
(Name of Issuer)
Common Stock, $.01 Par Value Per Share
(Title of Class of Securities)
292052305
(CUSIP Number)
Steven L. Wilner
Matthew P. Salerno
James E. Langston
Cleary Gottlieb Steen & Hamilton LLP
One Liberty Plaza
New York, NY 10006
212-225-2000
(Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications)
November 4, 2019
(Date of Event which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e),240.13d-1(f) or 140.13d-1(g), check the following box. ☐
Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See § 240.13d-7 for other parties to whom copies are to be sent.
- The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
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CUSIP No. 292052305
- Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).
Kien Huat Realty III Limited - Check the Appropriate Box if a Member of a Group (See Instructions)
(a) | ☒ |
(b) | |
3. SEC Use Only
4. | Source of Funds (See Instructions) | AF | ||||
5. | Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e) | ____ | ||||
6. | Citizenship or Place of Organization | Isle of Man | ||||
Number of | 7. | Sole Voting Power | 0 | |||
Shares | 8. | Shared Voting Power | 20,914,606 (1) | |||
Beneficially | ||||||
9. | Sole Dispositive Power | 0 | ||||
Owned by | ||||||
Each Reporting | 10. | Shared Dispositive Power 20,914,606 (1) | ||||
Person With | ||||||
11. | Aggregate Amount Beneficially Owned by Each Reporting Person | 20,914,606 (1) | ||||
12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)
13. | Percent of Class Represented by Amount in Row (11) | 52.8% (2) |
14. | Type of Reporting Person (See Instructions) | CO |
- This includes 15,714,606 shares of common stock, par value $0.01 per share (the "Common Stock"), of Empire Resorts, Inc. (the "Issuer") and 5,200,000 shares of Common Stock into which the Series F Preferred Stock (the "Preferred Stock") beneficially owned by the reporting person can currently be converted.
- Calculated on the basis of a total of 34,435,907 shares of Common Stock outstanding as of August 9, 2019, as reported by the Issuer in its Quarterly Report on Form 10-Q filed on August 9, 2019 (the "10-Q"), 2,390 shares of Common Stock into which the Series B Preferred Stock can be converted, and 5,200,000 shares of Common Stock into which the Preferred Stock beneficially owned by the reporting person can currently be converted.
2
CUSIP No. 292052305
- Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).
Lim Kok Thay - Check the Appropriate Box if a Member of a Group (See Instructions)
(a)
(b) - SEC Use Only
- Source of Funds (See Instructions)
- Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e)
- Citizenship or Place of Organization
Number of | 7. | Sole Voting Power | 0 | |
Shares | 8. | Shared Voting Power | 34,114,606 | (3) |
Beneficially | ||||
9. | Sole Dispositive Power | 0 | ||
Owned by | ||||
Each Reporting | 10. | Shared Dispositive Power 34,114,606 | (3) | |
Person With |
- Aggregate Amount Beneficially Owned by Each Reporting Person
- Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)
- Percent of Class Represented by Amount in Row (11)
☒
AF
____
Malaysia
34,114,606 (3)
86.1% (4)
14. | Type of Reporting Person (See Instructions) | IN |
- This includes 28,914,606 shares of the Common Stock and 5,200,000 shares of Common Stock into which the Preferred Stock beneficially owned by the reporting person can currently be converted.
- Calculated on the basis of a total of 34,435,907 shares of Common Stock outstanding as of August 9, 2019, as reported by the Issuer in the 10-Q, 2,390 shares of Common Stock into which the Series B Preferred Stock can be converted, and 5,200,000 shares of Common Stock into which the Preferred Stock beneficially owned by the reporting person can currently be converted.
3
CUSIP No. 292052305
- Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).
Genting Berhad - Check the Appropriate Box if a Member of a Group (See Instructions)
(a) | ☒ |
(b) | |
3. SEC Use Only
4. | Source of Funds (See Instructions) | OO | ||||
5. | Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e) | ____ | ||||
6. | Citizenship or Place of Organization | Malaysia | ||||
Number of | 7. | Sole Voting Power | 0 | |||
Shares | 8. | Shared Voting Power | 13,200,000 (5) | |||
Beneficially | ||||||
9. | Sole Dispositive Power | 0 | ||||
Owned by | ||||||
Each Reporting | 10. | Shared Dispositive Power 13,200,000 (5) | ||||
Person With | ||||||
11. | Aggregate Amount Beneficially Owned by Each Reporting Person | 13,200,000 (5) | ||||
12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)
13. | Percent of Class Represented by Amount in Row (11) | 33.3% (6) |
14. | Type of Reporting Person (See Instructions) | CO |
- This includes 13,200,000 shares of Common Stock.
- Calculated on the basis of a total of 34,435,907 shares of Common Stock outstanding as of August 9, 2019, as reported by the Issuer in the 10-Q, 2,390 shares of Common Stock into which the Series B Preferred Stock can be converted, and 5,200,000 shares of Common Stock into which the Preferred Stock can currently be converted.
4
CUSIP No. 292052305
- Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).
Genting Malaysia Berhad - Check the Appropriate Box if a Member of a Group (See Instructions)
(a) | ☒ |
(b) | |
3. SEC Use Only
4. | Source of Funds (See Instructions) | WC | ||||
5. | Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e) | ____ | ||||
6. | Citizenship or Place of Organization | Malaysia | ||||
Number of | 7. | Sole Voting Power | 0 | |||
Shares | 8. | Shared Voting Power | 13,200,000 (7) | |||
Beneficially | ||||||
9. | Sole Dispositive Power | 0 | ||||
Owned by | ||||||
Each Reporting | 10. | Shared Dispositive Power 13,200,000 (7) | ||||
Person With | ||||||
11. | Aggregate Amount Beneficially Owned by Each Reporting Person | 13,200,000 (7) | ||||
12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)
13. | Percent of Class Represented by Amount in Row (11) | 33.3% (8) |
14. | Type of Reporting Person (See Instructions) | CO |
- This includes 13,200,000 shares of Common Stock.
- Calculated on the basis of a total of 34,435,907 shares of Common Stock outstanding as of August 9, 2019, as reported by the Issuer in the 10-Q, 2,390 shares of Common Stock into which the Series B Preferred Stock can be converted, and 5,200,000 shares of Common Stock into which the Preferred Stock can currently be converted.
5
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Empire Resorts Inc. published this content on 04 November 2019 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 04 November 2019 22:14:03 UTC
