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Exhibit 99.5
Midway Games Inc.
0000 Xxxxx Xxxxxxxxxx Xxx.
Xxxxxxx, XX. 00000
June 15, 1999
Xxxxxx X. Xxxx, Xx.
Senior Vice President-Finance
Xxxxxxxx Electronics Games, Inc.
0000 X. Xxxxxxxxxx Xxxxxx
Xxxxxxx, XX. 00000
RE: Sales Agreement ("Agreement") dated as of April 6, 1998,
between Xxxxxxxx Electronics Games, Inc. ("WEG") and
Midway Games Inc. ("Midway")
Reference is made to the Agreement defined above. Capitalized terms not
otherwise defined herein shall have the meanings set forth in the Agreement.
Pursuant to Section 2 of the Agreement, the parties agreed "to review
the Annual Fee on an annual basis and to negotiate in good faith to make
adjustments thereto to the extent necessitated by changes to cost structures or
market conditions." As a result of increased costs incurred by Midway in the
performance of sales and marketing services for WEG relating to new product
introductions by WEG, the parties have agreed to adjust the Annual Fixed Fee.
Accordingly, only with respect to the period beginning May 1, 1999 and ending
December 31, 1999, the Annual Fee shall be increased by the amount of $750,000,
payable in equal monthly installments.
Except as otherwise provided herein, the Agreement shall remain
unchanged and in full force and effect. Please acknowledge your agreement to the
foregoing in the space indicated below.
MIDWAY GAMES INC.
By: /s/ Xxxx X. Xxxxxxxx
Xxxx X. Xxxxxxxx, President
Accepted and Agreed
Xxxxxxxx Electronics Games, Inc.
By: /s/ Xxxxxx X. Xxxx, Xx.
Xxxxxx X. Xxxx, Xx.
Senior Vice President-Finance