Notification That Quarterly Report Will Be Submitted Late (nt 10-q)
16 May 2014 - 6:29AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
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(Check One):
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¨
Form 10-K
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Form 20-F
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Form 11-K
x
Form 10-Q
¨
Form
N-SAR
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Form N-CSR
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For Period Ended:
March 31, 2014
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¨
Transition Report on Form 10-K
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¨
Transition Report on Form 20-F
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¨
Transition Report on Form 11-K
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Transition Report on Form 10-Q
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Transition Report on Form N-SAR
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For the Transition Period Ended:
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Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.
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If the notification relates to a portion of the filing checked above, identify the item(s) to which the
notification relates:
PART I REGISTRANT
INFORMATION
EMPIRE RESORTS, INC.
Full name of registrant:
Former name if applicable:
c/o Monticello Casino and Raceway, 204 State Route 17B, P.O. Box 5013
Address of principal executive office (Street and number):
Monticello, New York 12701
City, state and zip code
PART II RULES 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b),
the following should be completed. (Check box if appropriate.)
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x
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(a)
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The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
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(b)
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The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, 11-K or Form N-SAR, or portion thereof, will be
filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q, or portion thereof will be filed on or before the fifth calendar day following the prescribed due
date; and
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(c)
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The accountants statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.
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PART III NARRATIVE
State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof,
could not be filed within the prescribed time period.
Empire Resorts, Inc.
(the Company) was unable to file its
Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2014 on a timely basis because it is continuing to review a tax position.
PART IV OTHER INFORMATION
(1)
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Name and telephone number of person to contact in regard to this notification
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Laurette J. Pitts
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(845)
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807-0001
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(Name)
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(Area Code)
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(Telephone Number)
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(2)
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Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period
that the registrant was required to file such report(s) been filed? If the answer is no, identify report(s).
x
Yes
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No
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(3)
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Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion
thereof?
x
Yes
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No
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If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a
reasonable estimate of the results cannot be made.
The Company anticipates reporting a loss from operations of approximately $2.5 million, which is an
increase of approximately $2.4 million from the same quarter of 2013 principally due to the impact of severe weather causing a reduction in revenues, development expenses associated with the Company pursuing a Gaming Facility License from the New
York State Gaming Commission and the suspension of all simulcasting other than intra-state simulcasting until an agreement with the Monticello Harness Horsemens Association is reached.
Empire Resorts, Inc.
(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
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Date: May 15, 2014
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Empire Resorts, Inc.
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(Registrant)
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/s/ Joseph A. DAmato
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Joseph A. DAmato
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Chief Executive Officer
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INSTRUCTION. The form may be signed by an executive officer of the registrant or by any other duly authorized
representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer),
evidence of the representatives authority to sign on behalf of the registrant shall be filed with the form.
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ATTENTION
Intentional misstatements or omissions of fact constitute Federal criminal violations. (See 18
U.S.C. 1001).
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