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Finish Him! - Midway files for bankruptcy

LewiePLewieP Registered User regular
edited July 2009 in Games and Technology
MIDWAY'S U.S. OPERATIONS FILE FOR CHAPTER 11 REORGANIZATION

Company notes strong underlying fundamentals, but cites recent change in control as the key trigger in need for planned, orderly reorganization

Midway's European operations are unaffected and continue business as normal

CHICAGO – February 12, 2009 – 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.

It's a shame when stuff like this happens, but it has been a long time since I played a Midway game that I would say was better than mediocre.

Still, Hydro Thunder was great.

LewieP on
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Posts

  • DeaconKnowledgeDeaconKnowledge Registered User regular
    edited February 2009
    Midway has been pretty out of touch with gaming in general for a while. Frankly I'm surprised it took this long.

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  • Fig-DFig-D SoCalRegistered User regular
    edited February 2009
    Also, yeah. Kinda saw it coming. MK vs DC was no where near as big (or good) as it needed to be.

    EDIT: :^:

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  • UncleSporkyUncleSporky Registered User regular
    edited February 2009
    Yeah, they've been pretty dang dismal lately.

    cruisn20080226101305540jv0.jpg

    Can't even punctuate their game titles right.

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  • PacifistPacifist Registered User regular
    edited February 2009
    To be fair, MK vs DC is much better than I had expected.

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  • Fig-DFig-D SoCalRegistered User regular
    edited February 2009
    It wasn't bad, I mean most of their games aren't bad (except for Cruis'n, that was fucking terrible) it just wasn't good enough. I could say the same about 80% of their line up. Alright games released in a time where only the really good games succeed.

    Italics.

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  • urahonkyurahonky Cynical Old Man Registered User regular
    edited February 2009
    Bah. Kinda sucks... We won't be getting an NBA Jam/Hangtime forever then.

    urahonky on
  • HalfmexHalfmex I mock your value system You also appear foolish in the eyes of othersRegistered User regular
    edited February 2009
    Also having something other than one franchise which itself found most of its success being built around a gimmick that has long since lost its edginess is probably a good idea. I enjoyed many of the MK entries, even one of the later 3D titles (MK: Deception), but the game lost its real appeal a long time ago. Most of their other franchises weren't anywhere near as successful as even MK was, so in this current economic climate, yeah, I suppose this isn't too surprising.

    Still, this was one of the "big name" developers for a long time. It kind of sucks to see such heavy-hitters get crushed like this.

    Halfmex on
  • BiosysBiosys Registered User regular
    edited February 2009
    I thought MK vs DC was pretty good.

    I say this as someone who only played it around a friends house, and therefore never actually shelled out money for it.

    Is it worth a rental?

    Biosys on
  • DarmakDarmak RAGE vympyvvhyc vyctyvyRegistered User regular
    edited February 2009
    The thread title is hilarious. :D

    Darmak on
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  • urahonkyurahonky Cynical Old Man Registered User regular
    edited February 2009
    MK vs DC was definitely worth the $7.50 I spent renting it. My friends and I spent the night going through the campaign.

    urahonky on
  • MrDelishMrDelish Registered User regular
    edited February 2009
    Why did they not make anymore San Francisco Rush games? 2049 was like the pinnacle of awesome racing games for me

    MrDelish on
  • LewiePLewieP Registered User regular
    edited February 2009
    The only thing that MK vs DC succeeds at is sometimes looking badass.

    LewieP on
  • BehemothBehemoth Compulsive Seashell Collector Registered User regular
    edited February 2009
    They were pretty much doomed since the fall of the American arcade business.

    Well, not really, but the fact that they refused the change with the times after that was their downfall. Good riddance!

    Behemoth on
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  • WordherderWordherder Registered User regular
    edited February 2009
    Keep in mind that Midway isn't completely boned yet, as this filing allows them to continue to operate and, ideally, reorganize, pay off their debts, and emerge stronger.

    Though this is happening in the recession from hell and they haven't been doing great for a while now.

    Wordherder on
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  • slash000slash000 Registered User regular
    edited February 2009
    This was a long time coming. MK v DC may have been a meh-okay game, but what else has there been lately? Ant Bully? Blacksite Area 51? The Aqua Teen Game? fucking Cruis'n? Game Party and Game Party 2?

    I think the last truly great Midway published game I played was Psi-Ops, which was several years ago, and unfortunately that game didn't sell very well.

    Their best selling game this generation is probably Game Party.


    I guess if their best strategy lately has been to release shovelware and terrible shooters, then bank on licensed IPs to save mediocre games, it's not really a surprise that they're failing.

    slash000 on
  • BiosysBiosys Registered User regular
    edited February 2009
    urahonky wrote: »
    MK vs DC was definitely worth the $7.50 I spent renting it. My friends and I spent the night going through the campaign.

    Worth renting then.

    If only so I can play as Batman and reel off shitty Dark Knight lines in a 'I-just-recovered-from-laryngitis' (sp) voice..

    Yes, I am that bad of a person.

    EDIT: Psy-Ops was probably the most awesome Midway ever made.

    It's available for free now, and I'm glad, because not enough people ever played it.

    I liked Mortal Kombat: Deception, though that's probably cause I a bit younger when it came out, and I can't even remember what it was like.

    But there was fighting.

    And shitty running-around elements.

    Biosys on
  • GyralGyral Registered User regular
    edited February 2009
    Whoopsie!

    This really comes as no surprise. Outside of Mortal Kombat, there was a steady decline of viable content coming from them since about halfway through last gen.

    Gyral on
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  • LewiePLewieP Registered User regular
    edited February 2009
    by the way guys, game party 2, or "More Game Party" as it is known in the UK is so bad it is literally hilarious. The shovelist of all wares.

    It has 10 games, which are all basically the same, and all fundamentally broken. It's like a phoenix game with gameplay.

    LewieP on
  • Ninja Snarl PNinja Snarl P My helmet is my burden. Ninja Snarl: Gone, but not forgotten.Registered User regular
    edited February 2009
    The last Midway game I played was Psi-Ops and that was a ways back. Can't say I'm disappointed to see a shovelware developer fail. C'mon, MK vs DC? What the hell were they thinking?

    Ninja Snarl P on
  • CliffjumperCliffjumper Registered User regular
    edited February 2009
    This news is like finding out one of your childhood friend's you haven't spoken to in years became a crack addict in the many years since you knew them, and has died.

    Cliffjumper on
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  • McAllenMcAllen Registered User regular
    edited February 2009
    I love Midway cause their games felt so American. 3DRealms must take the crown now.

    McAllen on
  • mastriusmastrius Registered User regular
    edited February 2009
    MK vs DC was awesome. It was pretty damn great, just not enough content in it to justify a purchase.

    This, as much as its not a big surprise, is still weird to me. Ive known Midway for a while and to see this happening is shocking, (even if expected). Shit is going down in the gaming industry. For better or for worse. If anything I think gaming companys are bound to start thinking about the shit they make and not throw out shovelware and bullshit. I think now is when gaming companys will start to think on what needs to be done, and think before they waste the money on that next piece of shit title. If anything, well be seeing a surge of great games now from companys afraid to go down hill. It wont be easy to recover with how the economy is. Sure it may not start now, but eventually.

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  • RohanRohan Registered User regular
    edited February 2009
    I can't remember the last time I played and liked a Midway game, let alone bought one, so... eh.

    Rohan on
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  • brynstarbrynstar Registered User regular
    edited February 2009
    slash000 wrote: »
    This was a long time coming. MK v DC may have been a meh-okay game, but what else has there been lately? Ant Bully? Blacksite Area 51? The Aqua Teen Game? fucking Cruis'n? Game Party and Game Party 2?

    I think the last truly great Midway published game I played was Psi-Ops, which was several years ago, and unfortunately that game didn't sell very well.

    Their best selling game this generation is probably Game Party.


    I guess if their best strategy lately has been to release shovelware and terrible shooters, then bank on licensed IPs to save mediocre games, it's not really a surprise that they're failing.


    Don't forget Stranglehold!!! From the Psi-ops team. That game was awesome. That and MK vs. DC are the only really good games I can think of from Midway over the last several years.

    They used to dominate my 16-bit collection, way back when.

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  • slash000slash000 Registered User regular
    edited February 2009
    This news is like finding out one of your childhood friend's you haven't spoken to in years became a crack addict in the many years since you knew them, and has died. And is still claiming that Mortal Kombat is better than Street Fighter II

    slash000 on
  • BTPBTP Registered User regular
    edited February 2009
    MrDelish wrote: »
    Why did they not make anymore San Francisco Rush games? 2049 was like the pinnacle of awesome racing games for me

    Yeah, I'm kinda wondering about this too.

    And by "kinda", I mean "it was my first thought".

    Why not at least re-release the series on VC/XBLA/PSN?

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  • urahonkyurahonky Cynical Old Man Registered User regular
    edited February 2009
    This news is like finding out one of your childhood friend's you haven't spoken to in years became a crack addict in the many years since you knew them, and has died.

    We've all been there. :(

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  • RisenPhoenixRisenPhoenix SUPER HOTRegistered User regular
    edited February 2009
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  • SirUltimosSirUltimos Don't talk, Rusty. Just paint. Registered User regular
    edited February 2009
    Sad, but totally expected.

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  • UnbreakableVowUnbreakableVow Registered User regular
    edited February 2009
    Free Radical acquired by Crytek, Square Enix potentially getting Eidos, Midway on its way out.

    Maybe this economic downturn ain't so bad.

    UnbreakableVow on
  • emnmnmeemnmnme Registered User regular
    edited February 2009
    Why doesn't Midway whore out it's back catalog? They could make a little cash putting the first arcade NFL Blitz and Mortal Kombat 2 on gametap. Sell NBA Jam and Hydro Thunder digitally. The US Air Force already gave away some Midway games for free, recently.

    emnmnme on
  • Ninja Snarl PNinja Snarl P My helmet is my burden. Ninja Snarl: Gone, but not forgotten.Registered User regular
    edited February 2009
    Free Radical acquired by Crytek, Square Enix potentially getting Eidos, Midway on its way out.

    Maybe this economic downturn ain't so bad.

    I don't even blame economy problems for all these companies getting bought out or going under. A number of developers have seriously stepped up in terms of quality this generation and many other developers simply did not follow their example.

    When all the game companies put out trash, then we get a collapse of the game market like the one from decades ago. When several big developers decide to make awesome games and many others don't, you get a lot of buyouts and failures as well as (hopefully) some new room in the market for decent developers.

    Of course, I could be completely wrong and we could be looking at a collapse of the gaming market as we know it.

    Ninja Snarl P on
  • BartholamueBartholamue Registered User regular
    edited February 2009
    emnmnme wrote: »
    Why doesn't Midway whore out it's back catalog? They could make a little cash putting the first arcade NFL Blitz and Mortal Kombat 2 on gametap. Sell NBA Jam and Hydro Thunder digitally. The US Air Force already gave away some Midway games for free, recently.
    They already did that with the Midway Arcade Treasures games. Hydro Thunder was on the third one.

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  • AbsoluteZeroAbsoluteZero The new film by Quentin Koopantino Registered User regular
    edited February 2009
    Behemoth wrote: »
    They were pretty much doomed since the fall of the American arcade business.

    I think they were doomed ever since John Tobias left the MK team and there was no-one left to reel in Ed Boon's silly fucking ideas and the powerhouse that was MK turned into a goofy dial-a-combo mess and mockery of its former self.

    AbsoluteZero on
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  • AntimatterAntimatter Devo Was Right Gates of SteelRegistered User regular
    edited February 2009
    No more Rampage :(. I liked Total Destruction.

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  • LBD_NytetraynLBD_Nytetrayn TorontoRegistered User regular
    edited February 2009
    This news is like finding out one of your childhood friend's you haven't spoken to in years became a crack addict in the many years since you knew them, and has died.
    McAllen wrote: »
    I love Midway cause their games felt so American. 3DRealms must take the crown now.

    This stuff I agree with. They were like an institution, especially in arcades. So many great memories involving the Williams/Bally Midway branding...

    And the idea to add Coca-Cola to Pac-man? Genius.
    emnmnme wrote: »
    Why doesn't Midway whore out it's back catalog? They could make a little cash putting the first arcade NFL Blitz and Mortal Kombat 2 on gametap. Sell NBA Jam and Hydro Thunder digitally. The US Air Force already gave away some Midway games for free, recently.

    Virtual Console and Xbox LIVE Arcade might be some good homes for that stuff.

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  • MorkathMorkath Registered User, __BANNED USERS regular
    edited February 2009
    cloudeagle wrote: »
    Keep in mind that Midway isn't completely boned yet, as this filing allows them to continue to operate and, ideally, reorganize, pay off their debts, and emerge stronger.

    Though this is happening in the recession from hell and they haven't been doing great for a while now.

    They owe like 250million to debtors, pretty boned.

    Morkath on
  • SixfortyfiveSixfortyfive Registered User regular
    edited February 2009
    BTP wrote: »
    MrDelish wrote: »
    Why did they not make anymore San Francisco Rush games? 2049 was like the pinnacle of awesome racing games for me
    Yeah, I'm kinda wondering about this too.

    And by "kinda", I mean "it was my first thought".

    Why not at least re-release the series on VC/XBLA/PSN?
    There was LA Rush. I heard that wasn't so hot, to say the least.

    Damn shame, though. The SanFran Rush series is pretty much the best in arcade racing besides Daytona USA. Which is also overdue for a sequel.

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  • ScreampunkScreampunk TehSpectre Registered User regular
    edited February 2009
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    Screampunk on
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  • turtleantturtleant Gunpla Dad is the best.Registered User regular
    edited February 2009
    So I'm never gonna get a Primal Rage sequel huh?
    :cry:

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