Midway recently announced a "stalking horse" asset purchase agreement, which is expected to receive court approval, subject to higher or better bids, in a hearing on June 2, 2009. Following this hearing, there will be a period during which Midway, through its financial advisor, Lazard, will accept binding offers up to June 24th, 2009, to acquire some or all of the Company's assets. An auction will be held on June 29th to determine the bid or combination of bids that achieves the highest value, followed by a court hearing to approve the sale to the winning bidder or bidders on July 1st, and then a final closing. All bids must comply with the bid procedures order to be issued at the hearing on June 2, 2009.

The "stalking horse" asset purchase agreement includes a significant portion of Midway's assets, however not all of the assets were included in the agreement. The bidding process allows for interested parties to bid on sets of assets including those not in the agreement, and multiple bidders can be formed into a group whose bids in the aggregate constitute a greater value than the initial stalking horse bid. Successful bidders will be buying only Midway's assets, and will not assume nor be responsible for any of the company's debt or liabilities, including any secured or unsecured notes, credit facilities, or trade obligations.

Midway's considerable intellectual property assets span some of the most successful sectors in the video game industry. Midway is well known for fighting games, with its more than $1.5 billion franchise, Mortal Kombat, as well as the video game license for the fastest-growing wrestling league, Total Nonstop Action (TNA) Wrestling. Midway's development teams are known worldwide for their expertise in fighting game mechanics, motion-capture integration, and AAA production values