AGREEMENT AND PLAN OF MERGER by and among INFOGRAMES ENTERTAINMENT S.A. IRATA ACQUISITION CORP. and ATARI, INC. Dated as of April 30, 2008Agreement and Plan of Merger • May 5th, 2008 • Atari Inc • Services-prepackaged software • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of April 30, 2008 (this “Agreement”), by and among INFOGRAMES ENTERTAINMENT S.A., a French corporation (“Parent”), IRATA ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and ATARI, INC., a Delaware corporation (the “Company”).
CREDIT AGREEMENT dated as of April 30, 2008 between ATARI, INC. INFOGRAMES ENTERTAINMENT, S.A., as the LenderCredit Agreement • May 5th, 2008 • Atari Inc • Services-prepackaged software • New York
WAIVER, CONSENT AND FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 5th, 2008 • Atari Inc • Services-prepackaged software • New York
WAIVER, CONSENT AND FOURTH AMENDMENT TO CREDIT AGREEMENT, dated as of April 30, 2008 (this “Amendment”), among ATARI, INC., a Delaware corporation, as borrower (the “Borrower”), the lenders party to the Credit Agreement referred to below (the “Lenders”), and BLUEBAY HIGH YIELD INVESTMENTS (LUXEMBOURG) S.A.R.L., as successor administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings given them in the Credit Agreement referred to below.
TEMPORARY LIQUIDITY FACILITY INTERCREDITOR AGREEMENTTemporary Liquidity Facility Intercreditor Agreement • May 5th, 2008 • Atari Inc • Services-prepackaged software • New York
This TEMPORARY LIQUIDITY FACILITY INTERCREDITOR AGREEMENT is dated as of April 30, 2008 and is entered into by and among ATARI, INC., a Delaware corporation (the “Borrower”), BLUEBAY HIGH YIELD INVESTMENTS (LUXEMBOURG) S.A.R.L. (in its individual capacity, and any successor thereto by merger, consolidation or otherwise, “BlueBay”), as Agent for the Secured Parties (each, as defined below) under the BlueBay Credit Agreement referred to below, and INFOGRAMES ENTERTAINMENT, S.A. (as the context may require, in its capacity as (i) Lender under (and as defined in) the IESA Credit Agreement (as defined below), and (ii) Secured Party under (and as defined in) the IESA Collateral Documents (as defined below), “IESA”).
