MICROSOFT LICENSING INC. XBOX™ PUBLISHER LICENSE AGREEMENTPublisher License Agreement • August 18th, 2003 • Midway Games Inc • Services-prepackaged software • Washington
This License Agreement (the "Agreement") is entered into and effective as of October 30, 2000 (the "Effective Date") by and between MICROSOFT LICENSING INC., a Nevada corporation ("Microsoft"), and MIDWAY HOME ENTERTAINMENT INC., a Delaware corporation ("Licensee").
PLAYSTATION 2® LICENSED PUBLISHER AGREEMENTPublisher Agreement • August 18th, 2003 • Midway Games Inc • Services-prepackaged software
THIS AGREEMENT RELATES TO THE PUBLISHING OF APPLICATION SOFTWARE FOR THE PLAYSTATION®2 COMPUTER ENTERTAINMENT SYSTEM. ALL TERMS USED HEREIN ARE SPECIFIC TO THE PLAYSTATION®2 SYSTEM AND NOT TO SONY'S PREDECESSOR "PLAYSTATION" VIDEO ENTERTAINMENT SYSTEM. PUBLISHING RIGHTS FOR SUCH PREDECESSOR SYSTEM ARE SUBJECT TO SEPARATE AGREEMENTS WITH SCEE, AND ANY LICENCE OF RIGHTS TO PUBLISHER UNDER SUCH SEPARATE AGREEMENTS SHALL NOT CONFER ON PUBLISHER ANY RIGHTS IN RELATION TO THE PLAYSTATION®2 SYSTEM, OR VICE VERSA.
FORBEARANCE AGREEMENT DATED AS OF AUGUST 11, 2003Forbearance Agreement • August 18th, 2003 • Midway Games Inc • Services-prepackaged software
This Forbearance Agreement dated as of August 11, 2003 (this "Agreement") is made by and among MIDWAY GAMES INC., a Delaware corporation (the "Company"), the financial institutions parties hereto (the "Banks"), and BANK OF AMERICA, N.A., as letter of credit issuing bank and as agent for the Banks (in its capacity as agent, together with any successors and assigns, the "Agent"). Terms used but not defined herein have the meanings specified in the LC Credit Agreement referenced below or the L/C Documents referred to therein.
AMENDMENT TO THE XBOX™ PUBLISHER LICENSING AGREEMENT (Tiered Royalty Rate Structure and Xbox Platinum Hits Program)Publisher Licensing Agreement • August 18th, 2003 • Midway Games Inc • Services-prepackaged software
This Amendment ('Amendment') is entered into and effective as of January 31, 2003 (the "Effective Date") by and between MICROSOFT LICENSING, INC. a Nevada corporation ("Microsoft") and MIDWAY HOME ENTERTAINMENT INC. ("Licensee"), and supplements the Xbox™ Publisher License Agreement between the parties dated as of 10/30/00 ("PLA") and as previously amended.
CONFIDENTIAL LICENSE AGREEMENT FOR NINTENDO GAMECUBE (Western Hemisphere)Confidential License Agreement for Nintendo • August 18th, 2003 • Midway Games Inc • Services-prepackaged software • Washington
THIS LICENSE AGREEMENT ("Agreement') is entered into between NINTENDO OF AMERICA INC. ("NOA") at 4820 150th Avenue N.E., Redmond, WA 98052 Attn: General Counsel (Fax: 425-882-3585) and Midway Home Entertainment Inc. ("LICENSEE") at 2704 West Roscoe Street, Chicago, Illinois 60618. Attn: Vice President, Secretary and General Counsel (Fax: (773) 961-2299). NOA and LICENSEE agree as follows:
PLAYSTATION®2 CD-ROM/DVD-ROM LICENSED PUBLISHER AGREEMENTRom Licensed Publisher Agreement • August 18th, 2003 • Midway Games Inc • Services-prepackaged software • California
This LICENSED PUBLISHER AGREEMENT (the "Agreement" or "LPA"), entered into as of the 1st day of April, 2000 (the "Effective Date"), by and between SONY COMPUTER ENTERTAINMENT AMERICA INC., with offices at 919 E. Hillsdale Boulevard, Foster City, CA 94404 (hereinafter "SCEA"), and MIDWAY HOME ENTERTAINMENT, with offices at 10110 Mesa Rim Road San Diego, CA 92121 (hereinafter "Publisher").
