Midway sends along an outline of plans to dispose of the remainder of their
assets through an upcoming auction. Here's the main gist:
Midway recently
announced a "stalking horse" asset purchase agreement, which is expected to
receive court approval, subject to higher or better bids, in a hearing on June
2, 2009. Following this hearing, there will be a period during which Midway,
through its financial advisor, Lazard, will accept binding offers up to June
24th, 2009, to acquire some or all of the Company's assets. An auction will be
held on June 29th to determine the bid or combination of bids that achieves the
highest value, followed by a court hearing to approve the sale to the winning
bidder or bidders on July 1st, and then a final closing. All bids must comply
with the bid procedures order to be issued at the hearing on June 2, 2009.
The "stalking horse" asset purchase agreement includes a significant portion of
Midway's assets, however not all of the assets were included in the agreement.
The bidding process allows for interested parties to bid on sets of assets
including those not in the agreement, and multiple bidders can be formed into a
group whose bids in the aggregate constitute a greater value than the initial
stalking horse bid. Successful bidders will be buying only Midway's assets, and
will not assume nor be responsible for any of the company's debt or liabilities,
including any secured or unsecured notes, credit facilities, or trade
obligations.
Midway's considerable intellectual property assets span some of the most
successful sectors in the video game industry. Midway is well known for fighting
games, with its more than $1.5 billion franchise, Mortal Kombat, as well as the
video game license for the fastest-growing wrestling league, Total Nonstop
Action (TNA) Wrestling. Midway's development teams are known worldwide for their
expertise in fighting game mechanics, motion-capture integration, and AAA
production values.