Midway Games Inc. (NYSE: MWY) today announced it has received approval
from the U.S. Bankruptcy Court for the District of Delaware of its cash
collateral and other first day motions, which were submitted as part of
its February 12, 2009, voluntary filing for reorganization under Chapter
11 of the U.S. Bankruptcy Code.
As previously announced, the filing includes Midway’s U.S. operations,
but does not include the company’s non-U.S.-operations, which will
continue business as normal.
In approving the motions, the court authorized Midway, among other
things, to utilize its cash to maintain ongoing operations pending a
final hearing; to continue salary and expense-reimbursement payments and
other benefits to employees; to honor and perform obligations under its
customer programs, such as price protection and Market Development Funds
(MDF) programs, regardless of whether these obligations arose before or
after the Chapter 11 filing; and to pay certain pre-petition trade
claims held by critical vendors. Midway has received court approval to
continue using its existing cash-management system and its pre-petition
bank accounts and check stock. In addition, the company is authorized
under the Bankruptcy Code to pay vendors and suppliers in the ordinary
course for post-petition goods and services.
"Approval of these motions is an important first step in this planned
and orderly reorganization, enabling Midway to continue to operate as
usual during this process,” said Matt Booty, Chairman and CEO. "We
remain confident in Midway’s ability to use this proven process to
address our capital structure and explore our strategic alternatives.”
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.