Midway Receives Court Approval of Cash Collateral and Other First Day Motions
17 February 2009 - 10:03AM
Business Wire
Midway Games Inc. (NYSE: MWY) today announced it has received
approval from the U.S. Bankruptcy Court for the District of
Delaware of its cash collateral and other first day motions, which
were submitted as part of its February 12, 2009, voluntary filing
for reorganization under Chapter 11 of the U.S. Bankruptcy
Code.
As previously announced, the filing includes Midway�s U.S.
operations, but does not include the company�s non-U.S.-operations,
which will continue business as normal.
In approving the motions, the court authorized Midway, among
other things, to utilize its cash to maintain ongoing operations
pending a final hearing; to continue salary and
expense-reimbursement payments and other benefits to employees; to
honor and perform obligations under its customer programs, such as
price protection and Market Development Funds (MDF) programs,
regardless of whether these obligations arose before or after the
Chapter 11 filing; and to pay certain pre-petition trade claims
held by critical vendors. Midway has received court approval to
continue using its existing cash-management system and its
pre-petition bank accounts and check stock. In addition, the
company is authorized under the Bankruptcy Code to pay vendors and
suppliers in the ordinary course for post-petition goods and
services.
�Approval of these motions is an important first step in this
planned and orderly reorganization, enabling Midway to continue to
operate as usual during this process,� said Matt Booty, Chairman
and CEO. �We remain confident in Midway�s ability to use this
proven process to address our capital structure and explore our
strategic alternatives.�
About Midway
Midway Games Inc. (NYSE:MWY), headquartered in Chicago,
Illinois, with offices throughout the world, is a leading developer
and publisher of interactive entertainment software for major
videogame systems and personal computers. More information about
Midway and its products can be found at www.midway.com.
FORWARD-LOOKING STATEMENTS
This press release contains
"forward-looking statements" within the meaning of the Private
Securities Litigation Reform Act of 1995 concerning future business
conditions and the outlook for Midway Games Inc. (the "Company")
based on currently available information that involves risks and
uncertainties. These forward-looking statements include, without
limitation, statements regarding the Company�s expectations
concerning the bankruptcy process, the continuation of day-to-day
operations and payments to vendors and employees in the ordinary
course. The Company's actual results could differ materially from
those anticipated in the forward-looking statements as a result of
these risks and uncertainties, including, without limitation, (1)
the impact of today�s announcement on the Company�s operations; (2)
the ability of the Company to continue as a going concern; (3) the
ability of the Company to obtain approval of and operate pursuant
to the agreement with its secured creditor for the use of its cash
collateral; (4) the ability of the Company to obtain court approval
of the Company�s first day papers and other motions in the Chapter
11 proceeding pursued by it from time to time; (5) the ability of
the Company to develop, pursue, confirm and consummate one or more
plans of reorganization with respect to the Chapter 11 cases; (6)
risks associated with third parties seeking and obtaining court
approval to terminate or shorten the exclusivity period for the
Company to propose and confirm one or more plans of reorganization,
or the appointment of a Chapter 11 trustee or to convert the cases
to Chapter 7 cases; (7) the ability of the Company to obtain and
maintain normal terms with vendors and service providers; (8) the
ability of the Company to maintain contracts that are critical to
its operations; (9) potential adverse developments with respect to
the Company�s liquidity or results of operations; (10) the ability
of the Company to fund and execute its business plan; (11) the
ability of the Company to retain and compensate key executives and
other key employees; (12) the ability of the Company to attract and
retain customers; and (13) any further deterioration in the
macroeconomic environment or consumer confidence. Discussion of
additional factors that could cause actual results to differ
materially from management�s projections, forecasts, estimates and
expectations is set forth under "Item 1. Business - Risk Factors"
in the Company�s Annual Report on Form 10-K for the year ended
December 31, 2007, and in more recent filings made by the Company
with the Securities and Exchange Commission. Each forward-looking
statement, including, without limitation, financial guidance,
speaks only as of the date on which it is made, and Midway
undertakes no obligation to update any forward-looking statement to
reflect events or circumstances after the date on which it is made
or to reflect the occurrence of anticipated or unanticipated events
or circumstances, except as required by law.
Midway Games (NYSE:MWY)
Historical Stock Chart
From Jan 2025 to Feb 2025
Midway Games (NYSE:MWY)
Historical Stock Chart
From Feb 2024 to Feb 2025