SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 14, 2003
ALPHA HOSPITALITY CORPORATION
(Exact Name of Registrant as Specified in Charter)
Delaware 1-12522 13-3714474
(State or other jurisdiction (Commission File No.) (IRS Employer
of incorporation) Identification No.)
707 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (847) 418-3804
Item 5. Other Events
Alpha Hospitality Corporation (the "Company") will change its
name to Empire Resorts, Inc. The Board of Directors of the
Company has also approved a request for a NASDAQ ticker symbol
change from ALHY to NASDAQ symbol: NYNY. The company will begin
trading under the ticker NYNY on Wednesday, April 16, 2003. The
name change to Empire Resorts, Inc. has been approved by
shareholder consent and will become effective on May 21, 2003.
The Company is also moving its corporate headquarters to New York
City.
The Company has received written consents, in lieu of a meeting
of stockholders, from the holders of a majority of its voting
stock to change its name to Empire Resorts, Inc. The Company has
prepared an Information Statement pursuant to SEC Rule 14c-2 and
is in the process of mailing the Information Statement to its
shareholders. The name change will become effective upon
compliance with the requirements of Rule 14c-2, including a 20-
day waiting period following the mailing to shareholders.
Pending the effective date of the amendment, the Company intends
to use Empire Resorts, Inc. as a dba name in accordance with
Delaware law. The Company estimates the name change will become
effective May 21, 2003. Please see Press Release attached at
Exhibit 99.1.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(a) Exhibits
99.1 Press Release dated April 14, 2003
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act
of 1934, the registrant has duly caused this report to be signed
on its behalf by the undersigned thereunto duly authorized.
Dated: April 14, 2003 ALPHA HOSPITALITY CORPORATION
(Registrant)
By: /s/ Scott A. Kaniewski
Scott A. Kaniewski
Chief Financial Officer
EXHIBIT 99.1
ALPHA HOSPITALITY CORPORATION
707 Skokie Boulevard
Suite 600
Northbrook, IL 60062
Contact:
For Alpha Hospitality Corporation:
Charles Degliomini
cdegliomini@catskill.net
(646) 495-5253
FOR RELEASE MONDAY, APRIL 14, 2003 8:30 AM
ALPHA HOSPITALITY TO BECOME "EMPIRE RESORTS, INC." TRADING ON
NASDAQ UNDER NEW SYMBOL: NYNY
NEW YORK, NY-- (BUSINESS WIRE)-April 14, 2003--Alpha Hospitality
Corporation (NASDAQ ALHY - News) (the "Company") announced today
that the Company will change its name to Empire Resorts, Inc.
The Board of Directors of the Company has also approved a request
for a NASDAQ ticker symbol change from ALHY to NASDAQ symbol:
NYNY. The company will begin trading under the ticker NYNY on
Wednesday, April 16, 2003. The name change to Empire Resorts has
been approved by shareholder consent and will become effective on
May 21, 2003. The Company is also moving its corporate
headquarters to New York City.
Empire Resort's Chairman and Chief Executive Officer Robert
Berman said, "During the past year and a half, the Company has
shed its prior businesses and changed its strategic direction. We
are now a different company -- with new management and a strong
New York focus. Our primary mission is to work with our partners,
the Cayuga Nation of New York to complete our goal of opening a
casino in the Catskills."
In late 2001, the New York State legislature passed a bill
authorizing three casinos in the Catskills. The Cayuga Nation
filed a land trust application with the Bureau of Indian Affairs
last week with respect to the proposed casino site. Once
approved, the Cayuga casino will be one hour closer to New York
City than any casino in Connecticut or Atlantic City.
Mr. Berman concluded, "When finished, we will be offering a first
class casino experience and the very best of amenities. New
Yorkers will finally have the opportunity to spend their gaming
entertainment dollars in their state, where their money will most
benefit the Empire State's treasury -- not the coffers of our
neighbor states. Atlantic City and Connecticut have had a
monopoly on casino gaming for far too long. We look forward to
bringing this greatly needed revenue stream back home while we
simultaneously help the state and local economies by creating
over 8000 permanent direct and indirect jobs."
The Company has received written consents, in lieu of a meeting
of stockholders, from the holders of a majority of its voting
stock to change its name to Empire Resorts, Inc. The Company has
prepared an Information Statement pursuant to SEC Rule 14c-2 and
is in the process of mailing the Information Statement to its
shareholders. The name change will become effective upon
compliance with the requirements of Rule 14c-2, including a 20-
day waiting period following the mailing to shareholders.
Pending the effective date of the amendment, the Company intends
to use Empire Resorts, Inc. as a dba name in accordance with
Delaware law. The Company estimates the name change will become
effective May 21, 2003.
To the extent the content of this press release includes forward-
looking statements, they involve various risks and uncertainties
including (i) the risk that various approvals necessary for
consummation of the agreements described herein and required to
be obtained from the Bureau of Indian Affairs, the National
Indian Gaming Regulatory Commission, the Governor of the State of
New York and various other federal, State and local governmental
entities are not received, (ii) the risk that financing necessary
for the proposed projects may not be able to be obtained because
of credit factors, market conditions or other contingencies,
(iii) the risk that the Cayuga Nation may exercise certain broad
rights with regard to termination of the within described
agreements (iv) the risk that definitive agreements with Catskill
Development LLC and its affiliates are not consummated as
contemplated and that the proposed consolidation does not occur,
(v) the risk of non-compliance by various counterparties of the
related agreements, and (vi) general risks affecting Alpha
Hospitality as described from time to time in it's reports filed
with the Securities and Exchange Commission. Alpha Hospitality
wishes to caution readers not to place undue reliance on such
forward-looking statements, which statements are made pursuant to
the Private Securities Litigation Reform Act of 1994, and as
such, speak only as of the date made.
###