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EX-99.1 - EX-99.1 - MIDWAY GAMES INC | c58287exv99w1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): May 17, 2010
MIDWAY GAMES INC.
(Exact Name of Registrant as Specified in Charter)
Delaware | 1-12367 | 22-2906244 | ||
(State or Other Jurisdiction of Incorporation) |
(Commission File Number) | (I.R.S. Employer Identification Number) |
2704 West Roscoe Street, Chicago, Illinois 60618
(Address of Principal Executive Offices) (Zip Code)
(Address of Principal Executive Offices) (Zip Code)
Registrants telephone number, including area code: (773) 961-2222
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy
the filing obligation of the registrant under any of the following provisions (see General
Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))
Item 8.01 Other Events
On May 17, 2010, the Registrant and its United States subsidiaries (together with the
Registrant, the Debtors) filed their monthly operating report for the period February 1, 2010
through and including February 28, 2010 (the Monthly Operating Report) with the United States
Bankruptcy Court for the District of Delaware. A copy of the Monthly Operating Report is attached
hereto as Exhibit 99.1 and is incorporated herein by reference. This current report (including
Exhibit 99.1 attached hereto) will not be deemed an admission as to the materiality of any
information required to be disclosed solely by Regulation FD.
The Registrant cautions investors and potential investors not to place undue reliance upon the
information contained in the Monthly Operating Report, which was not prepared for the purpose of
providing the basis for an investment decision relating to any securities of the Registrant. The
Monthly Operating Report is limited in scope, covers a limited time period, does not include
information about non-U.S. subsidiaries, and has been prepared solely for the purpose of complying
with the monthly reporting requirements of the Office of the United States Trustee. The Monthly
Operating Report was not audited or reviewed by independent accountants, is in a format prescribed
by applicable requirements of the Office of the United States Trustee, and is subject to future
adjustment and reconciliation. There can be no assurance that, from the perspective of an investor
or potential investor in the securities of the Registrant, the Monthly Operating Report contains
any information beyond that required by the Office of the United States Trustee. The Monthly
Operating Report also contains information for periods which are shorter or otherwise different
from those required in the Registrants reports pursuant to the Securities Exchange Act of 1934, as
amended (the Exchange Act), and such information might not be indicative of the Registrants
financial condition or operating results for the period that would be reflected in the Registrants
financial statements or in reports pursuant to the Exchange Act. Results set forth in the Monthly
Operating Report should not be viewed as indicative of future results.
This current report and Exhibit 99.1 contain forward-looking statements within the meaning
of the Private Securities Litigation Reform Act of 1995. These forward looking statements include,
without limitation, the Registrants beliefs concerning future business conditions, outlook based
on currently available information and statements regarding the Registrants expectations
concerning the bankruptcy process. The Registrants actual results could differ materially from
those anticipated in the forward-looking statements as a result of these risks and uncertainties.
These risks and uncertainties, include, without limitation, (1) the ability of the Registrant to
develop, pursue, confirm and consummate one or more Chapter 11 plans of reorganization or
liquidation with respect to the Debtors Chapter 11 cases; (2) the ability of the Registrant to
obtain court approval of its motions in the Chapter 11 cases pursued by it from time to time; (3)
risks associated with third parties seeking and obtaining Court approval to terminate or shorten
the exclusivity period for the Registrant to propose and confirm one or more Chapter 11 plans, or
the appointment of a Chapter 11 trustee or to convert the cases to Chapter 7 cases; (4) potential
adverse developments with respect to the Registrants liquidity or results of operations; (5) the
ability of the Registrant to fund and execute its business plan; (6) the ability of the Registrant
to retain and compensate key executives and other key employees; and (7) any further deterioration
in the macroeconomic environment or consumer confidence. Discussion of additional factors that
could cause actual results to differ materially from managements projections, forecasts, estimates
and expectations is set forth under Item 1. Business in the Registrants Annual Report on Form
10-K for the year ended December 31, 2008, and in more recent filings made by the Registrant 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 the Registrant
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.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
Exhibit No. | Description | |
99.1
|
Monthly Operating Report for the period February 1, 2010 through and including February 28, 2010, filed with the United States Bankruptcy Court for the District of Delaware. |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly
caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
MIDWAY GAMES INC. |
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May 18, 2010 | By: | /s/ RYAN G. ODESKY | ||
Ryan G. ODesky | ||||
Chief Financial Officer | ||||