SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 8th, 2004 • Midway Games Inc • Services-prepackaged software
THIS SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of November 1, 2004, by and among Lenders, WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders ("Agent") 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"), MIDWAY HOME STUDIOS INC., a Delaware corporation ("MHS"), SURREAL SOFTWARE INC., a Washington corporation ("Surreal") and MIDWAY STUDIOS—AUSTIN INC., a Texas corporation ("Midway Stud
FIRST AMENDMENT TO RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • November 8th, 2004 • Midway Games Inc • Services-prepackaged software
THIS FIRST AMENDMENT TO RESTRICTED STOCK AGREEMENT (this "Amendment") is made as of the 18th day of October, 2004, by and between David F. Zucker ("Executive") and Midway Games Inc., a Delaware corporation (the "Corporation"), to amend the Restricted Stock Agreement (the "Restricted Stock Agreement") entered into as of the 6th day of May, 2003 by and between Executive and the Corporation. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Restricted Stock Agreement.
January 1, 2004 Cory Halpern Midway Home Entertainment 2727 West Roscoe Entertainment Chicago, Illinois 60618 Fax: 773-961-2990Midway Games Inc • November 8th, 2004 • Services-prepackaged software
This Letter Agreement amends the PlayStation®2 CD-ROM/DVD-ROM Licensed Publisher Agreement, effective as of April 1, 2000 ("PS2 LPA") between Sony Computer Entertainment America Inc. ("SCEA") and Midway Home Entertainment ("Company"). This Letter Agreement amends the PS2 LPA's terms only to the extent of the terms and conditions set forth in this Letter Agreement. All other terms and conditions of the PS2 LPA shall remain in full force and effect with respect to Online Licensed Products (as defined below) and to other of Company's Licensed Products. Capitalized terms used herein and not defined shall have the meanings attributed to them in the PS2 LPA. SCEA's decision to grant this limited license of online rights to Company does not constitute, nor shall it be construed as, a waiver of any other provision of the PS2 LPA, nor does it constitute nor shall it be construed as a waiver of the PS2 LPA regarding any future events or circumstances.
