FORM OF STOCK OPTION AGREEMENT FOR EMPLOYEESMidway Games Inc • March 14th, 2005 • Services-prepackaged software • Illinois
This letter will evidence the grant to you on «Date» (the "Grant Date") by the Compensation Committee of the Board of Directors of Midway Games Inc. (the "Company") of an option pursuant to the Company's «Plan» Stock Option Plan (the "Plan") to purchase up to «NumberofOptions» («numberofoptions2») shares of the common stock, par value $.01 per share ("Common Stock"), of the Company at a price of «exerciseprice» Dollars ($«exerciseprice2») per share (the "Option"). Under applicable provisions of the Internal Revenue Code of 1986, as amended, the Option is treated as a non-qualified stock option.
CONSENT AND EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 14th, 2005 • Midway Games Inc • Services-prepackaged software
THIS CONSENT AND EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of December 28, 2004, 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 ("MSA"), MIDWAY STUDIO
CONSENT AND NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 14th, 2005 • Midway Games Inc • Services-prepackaged software
THIS CONSENT AND NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of January 19, 2005, 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 ("MSA"), MIDWAY STUDIOS—
FORM OF INDEMNIFICATION AGREEMENTMidway Games Inc • March 14th, 2005 • Services-prepackaged software • Delaware
In consideration of your service as an officer or director of Midway Games Inc. (the "Company"), the Company will, to the extent provided herein, indemnify you and hold you harmless from and against any and all "Losses" (as defined below) which you may incur by reason of your election or service as an officer, director, employee, agent, fiduciary or representative of the Company or any "Related Entity" (as defined below) to the fullest extent permitted by law.
FORM OF STOCK OPTION AGREEMENT FOR DIRECTORSLetter Agreement • March 14th, 2005 • Midway Games Inc • Services-prepackaged software • Illinois
This letter agreement (the "Agreement") will evidence the grant to you on «grantdate» (the "Grant Date") by the Compensation Committee of the Board of Directors of Midway Games Inc. (the "Company") of an option pursuant to the Company's «Plan» Stock Option Plan (the "Plan") to purchase up to «Numberof Options» («numberofoptions2») shares of the common stock, par value $.01 per share ("Common Stock"), of the Company at a price of «exerciseprice» Dollars ($«exerciseprice2») per share (the "Option") and the terms and conditions of such grant. Under applicable provisions of the Internal Revenue Code of 1986, as amended, the Option is treated as a non-qualified stock option.
