Midway’s U.S. Operations File for Chapter 11 Reorganization
12 Fevereiro 2009 - 1:36PM
Business Wire
Midway Games Inc. (NYSE:MWY) today announced that the company
and its U.S. subsidiaries filed voluntary petitions in U.S.
Bankruptcy Court for the District of Delaware for reorganization
under Chapter 11 of the U.S. Bankruptcy Code. The filing does not
include the company�s non-U.S. operations, which will continue
business as normal.
In its filing with the Bankruptcy Court, the company cited that
the November 28, 2008, change in ownership triggered accelerated
repurchase obligations relating to two classes of Midway debt,
which Midway anticipated it would be unable to satisfy.
�This was a difficult but necessary decision,� said Midway
Chairman, President and CEO Matt Booty. �We have been focused on
realigning our operations and improving our execution, and this
filing will relieve the immediate pressure from our creditors and
provide us time for an orderly exploration of our strategic
alternatives. This Chapter 11 filing is the next logical step in an
ongoing process to address our capital structure.�
�Midway enters this process with strong underlying fundamentals,
as evidenced by solid fourth quarter sales that exceeded
expectations in spite of a challenging retail and general economic
environment,� Booty added. �Overall, Mortal Kombat vs. DC Universe
sales are approaching two million units shipped, TNA iMPACT! has
shipped approximately one million units, and our Game Party
franchise has sold close to three million units in total.�
Midway expects that Chapter 11 protection will enable the
company to conduct its business operations as usual. To that end,
Midway is seeking approval from the court for a variety of First
Day Motions enabling the company to continue managing its
operations in the ordinary course. These motions are typical of the
restructuring process, and approval is regularly granted.
About Midway
Midway Games Inc. (NYSE:MWY), headquartered in Chicago,
Illinois, with offices throughout the world, is a leading developer
and publisher of interactive entertainment software for major
videogame systems and personal computers. More information about
Midway and its products can be found at www.midway.com.
FORWARD-LOOKING STATEMENTS
This press release contains "forward-looking statements" within
the meaning of the Private Securities Litigation Reform Act of 1995
concerning future business conditions and the outlook for Midway
Games Inc. (the "Company") based on currently available information
that involves risks and uncertainties. These forward-looking
statements include, without limitation, statements regarding the
Company�s expectations concerning the bankruptcy process, the
continuation of day-to-day operations and payments to vendors and
employees in the ordinary course. The Company's actual results
could differ materially from those anticipated in the
forward-looking statements as a result of these risks and
uncertainties, including, without limitation, (1) the impact of
today�s announcement on the Company�s operations; (2) the ability
of the Company to continue as a going concern; (3) the ability of
the Company to obtain approval of and operate pursuant to the
agreement with its secured creditor for the use of its cash
collateral; (4) the ability of the Company to obtain court approval
of the Company�s first day papers and other motions in the Chapter
11 proceeding pursued by it from time to time; (5) the ability of
the Company to develop, pursue, confirm and consummate one or more
plans of reorganization with respect to the Chapter 11 cases; (6)
risks associated with third parties seeking and obtaining court
approval to terminate or shorten the exclusivity period for the
Company to propose and confirm one or more plans of reorganization,
or the appointment of a Chapter 11 trustee or to convert the cases
to Chapter 7 cases; (7) the ability of the Company to obtain and
maintain normal terms with vendors and service providers; (8) the
ability of the Company to maintain contracts that are critical to
its operations; (9) potential adverse developments with respect to
the Company�s liquidity or results of operations; (10) the ability
of the Company to fund and execute its business plan; (11) the
ability of the Company to retain and compensate key executives and
other key employees; (12) the ability of the Company to attract and
retain customers; and (13) any further deterioration in the
macroeconomic environment or consumer confidence. Discussion of
additional factors that could cause actual results to differ
materially from management�s projections, forecasts, estimates and
expectations is set forth under "Item 1. Business - Risk Factors"
in the Company�s Annual Report on Form 10-K for the year ended
December 31, 2007, and in more recent filings made by the Company
with the Securities and Exchange Commission. Each forward-looking
statement, including, without limitation, financial guidance,
speaks only as of the date on which it is made, and Midway
undertakes no obligation to update any forward-looking statement to
reflect events or circumstances after the date on which it is made
or to reflect the occurrence of anticipated or unanticipated events
or circumstances, except as required by law.
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