CONFIDENTIAL LICENSE AGREEMENT FOR THE Wii CONSOLE (Western Hemisphere)Confidential License Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Washington
THIS LICENSE AGREEMENT (“Agreement”) is entered into between NINTENDO OF AMERICA INC. (“NOA”) and MIDWAY HOME ENTERTAINMENT INC. (“LICENSEE”). NOA and LICENSEE agree as follows:
UNSECURED LOAN AGREEMENT by and between MIDWAY GAMES INC., as Borrower, and NATIONAL AMUSEMENTS, INC., as the Lender Dated as of February 29, 2008Unsecured Loan Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
THIS UNSECURED LOAN AGREEMENT (this “Agreement”), is entered into as of February 29, 2008, by and between, on the one hand, NATIONAL AMUSEMENTS, INC., a Maryland corporation, as Lender (the “Lender”), and, on the other hand, MIDWAY GAMES INC., a Delaware corporation (“Borrower”).
UNSECURED SUBORDINATED LOAN AGREEMENT by and between MIDWAY GAMES INC., as Borrower, and NATIONAL AMUSEMENTS, INC., as the Lender Dated as of February 29, 2008Subordinated Loan Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
THIS UNSECURED SUBORDINATED LOAN AGREEMENT (this “Agreement”), is entered into as of February 29, 2008, by and between, on the one hand, NATIONAL AMUSEMENTS, INC., a Maryland corporation, as Lender (the “Lender”), and, on the other hand, MIDWAY GAMES INC., a Delaware corporation (“Borrower”).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of February 29, 2008, is made among the Obligors (as defined below) and National Amusements, Inc., a Maryland corporation (“Lender”).
AMENDMENT TO THE XBOX 360 PUBLISHER LICENSE AGREEMENT (Xbox V1 Games Distributed via Games on Demand)License Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software
This Amendment to the Xbox 360 Publisher License Agreement (this “Amendment”) is entered into and effective as of October 12, 2007 (the “Amendment Effective Date”) by and between Microsoft Licensing, GP, a Nevada general partnership (“Microsoft”) and Midway Home Entertainment Inc. (“Publisher”), and supplements that certain Xbox 360 Publisher License Agreement between the parties dated as of October 25, 2006, as amended (the “Xbox 360 PLA”).
LICENSE AGREEMENT FOR THE NINTENDO DS SYSTEM (EEA, AUSTRALIA AND NEW ZEALAND)License Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software
THIS LICENSE AGREEMENT (“Agreement”) is entered into between NINTENDO CO., LTD. (“NINTENDO”) at 11-1 Kamitoba Hokotate-cho, Minami-ku, Kyoto, Japan 601-8501, Attn: General Manager, International Business Administration Department (Fax: 81.75.662.9619), and MIDWAY GAMES LTD. (“LICENSEE”) at 43 Worship Street, London EC2A 2DX, U.K.; Attn: Mr. Martin Spiess, Managing Director (Fax: (44) 20.7938.3466). LICENSEE’s address for notice is: Midway Games Inc., 3401 North California Avenue, Chicago, Illinois 60618, USA, Attn: Vice President & General Counsel (facsimile: 1-312-961-1020). NINTENDO and LICENSEE agree as follows:
CONTINUING GUARANTYContinuing Guaranty • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
THIS CONTINUING GUARANTY (“Guaranty”), dated as of February 29, 2008, is executed and delivered by Midway Games Inc., a Delaware corporation (“Parent”), Midway Games West Inc., a California corporation, Midway Interactive Inc., a Delaware corporation, Midway Sales Company, LLC, a Delaware limited liability company, Midway Home Studios Inc., a Delaware corporation, Surreal Software Inc., a Washington corporation, Midway Studios – Austin Inc., a Texas corporation and Midway Studios – Los Angeles Inc., a California corporation (collectively, the “Guarantors”, and each individually, a “Guarantor”) in favor of National Amusements, Inc., a Maryland corporation (“Lender”) and in light of the following:
WAIVER AND SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software
THIS WAIVER AND SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of January 2, 2008, by and among Lenders, WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”) and MIDWAY HOME ENTERTAINMENT INC., a Delaware corporation (“Midway”), MIDWAY AMUSEMENT GAMES, LLC, a Delaware limited liability company (“MAG”; Midway and MAG are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), MIDWAY GAMES INC., a Delaware corporation (“Parent”), MIDWAY GAMES WEST INC., a California corporation (“MGW”), MIDWAY INTERACTIVE INC., a Delaware corporation (“MI”), MIDWAY SALES COMPANY, LLC, a Delaware limited liability company (“MSC”), MIDWAY HOME STUDIOS INC., a Delaware corporation (“MHS”), SURREAL SOFTWARE INC., a Washington corporation (“Surreal”), MIDWAY STUDIOS – AUSTIN INC., a Texas corporation (“
LOAN AND SECURITY AGREEMENT by and among MIDWAY HOME ENTERTAINMENT INC., and MIDWAY AMUSEMENT GAMES, LLC, as Borrowers, and MIDWAY GAMES INC., MIDWAY GAMES WEST INC., MIDWAY INTERACTIVE INC., MIDWAY SALES COMPANY, LLC, MIDWAY HOME STUDIOS INC.,...Loan and Security Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of February 29, 2008, by and among, on the one hand, NATIONAL AMUSEMENTS, INC., a Maryland corporation, as Lender (the “Lender”), and, on the other hand, MIDWAY HOME ENTERTAINMENT INC., a Delaware corporation (“Midway”), MIDWAY AMUSEMENT GAMES, LLC, a Delaware limited liability company (“MAG”; Midway and MAG are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), MIDWAY GAMES INC., a Delaware corporation (“Parent”), MIDWAY GAMES WEST INC., a California corporation (“MGW”), MIDWAY INTERACTIVE INC., a Delaware corporation (“MI”), MIDWAY SALES COMPANY, LLC, a Delaware limited liability company (“MSC”), and MIDWAY HOME STUDIOS INC., a Delaware corporation (“MHS”), SURREAL SOFTWARE INC., a Washington corporation (“Surreal”), MIDWAY STUDIOS – AUSTIN INC., a Texas corporation (“MSA”), MIDWAY STUDIOS – LOS ANGELES INC., a California corpo
CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASEConfidential Settlement Agreement and General Release • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
This Confidential Settlement Agreement and General Release (“Agreement”) is entered into by and between STEVEN M. ALLISON (“Employee”) and MIDWAY GAMES INC. (with its subsidiaries, the “Company”).
