INTERCOMPANY SERVICES AGREEMENTSIntercompany Services Agreements • December 10th, 2007 • Atari Inc • Services-prepackaged software • New York
Infogrames Entertainment SA, a French company having its principal place of business at 1 Place Verrazzano 69252 Lyon Cedex 09, France (“Infogrames”), Atari Interactive, Inc. (“Interactive”) and Humongous, Inc., each a Delaware corporation, having its principal place of business at 417 Fifth Avenue, New York 10016, United States of America (collectively, the “Infogrames Affiliates”)
SHORT FORM DISTRIBUTION AGREEMENTShort Form Distribution Agreement • December 10th, 2007 • Atari Inc • Services-prepackaged software • New York
This binding short form distribution agreement (this “Short Form Distribution Agreement”) sets forth the principal terms and conditions agreed to by the parties under which, among other things, Distributor shall have the exclusive right to sell and distribute in the Territory (as such term is defined below) during any applicable Game Term (as such term is defined below) all interactive entertainment software games developed by or on behalf of the Publisher or its affiliates, the rights to which are owned by or licensed to the Publisher or its Affiliates, or to which the Publisher or its Affiliates acquire rights (collectively, the “Games”), and for which the parties shall have completed and executed a separate appendix in the form attached hereto as Exhibit A (each a “Game Details Appendix”), with each Game to be distributed during the applicable Game Term specified in the applicable Game Details Appendix. The parties shall enter into good faith negotiations and enter into a long form
GLOBAL MEMORANDUM OF UNDERSTANDING REGARDING RESTRUCTURING OF ATARI, INC.Sublicense Agreement • December 10th, 2007 • Atari Inc • Services-prepackaged software • New York
This GLOBAL MEMORANDUM OF UNDERSTANDING REGARDING RESTRUCTURING OF ATARI, INC. (this “Global MOU”) is made this ___day of December, 2007, between Infogrames Entertainment S.A., a company organized under the laws of France (“IESA”) and Atari, Inc., a Delaware corporation (“Atari”).
WAIVER, CONSENT AND THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 10th, 2007 • Atari Inc • Services-prepackaged software • New York
WAIVER, CONSENT AND THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of December 4, 2007 (this “Amendment”), among ATARI, INC., a Delaware corporation, as borrower (the “Borrower”), the lenders party to the Credit Agreement referred to below (the “Lenders”), and BLUEBAY HIGH YIELD INVESTMENTS (LUXEMBOURG) S.A.R.L., as successor administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings given them in the Credit Agreement referred to below.
TERMINATION AND TRANSFER OF ASSETS AGREEMENTTermination and Transfer of Assets Agreement • December 10th, 2007 • Atari Inc • Services-prepackaged software
This termination agreement (the “Agreement”) between Infogrames Entertainment SA, with an address of 1 Place Verrazzano, 69252 Lyon Cedex 09, France, acting on behalf of itself and its affiliates (other than Atari, Inc.) (“IESA”), Atari Interactive, Inc., a wholly owned subsidiary of IESA (“Atari Interactive”) and Atari, Inc., with an address of 417 Fifth Avenue, New York, NY 10016 (“Atari” and, collectively with IESA and Atari Interactive, the “Parties”) is entered into as of December 4, 2007 and effective as of December 1, 2007 (the “Effective Date”).
QA SERVICES AGREEMENTQa Services Agreement • December 10th, 2007 • Atari Inc • Services-prepackaged software • New York
QA SERVICES AGREEMENT (the “Agreement”) dated as of December ___, 2007 between Infogrames Entertainment SA (“IESA”), at 1 Place Verrazzano, 69252 Lyon cedex 09, France, Atari Interactive, Inc. (“Atari Interactive”) and Humongous, Inc. (“Humongous” and collectively with IESA and Atari Interactive, the “IESA Parties”) and Atari, Inc. (“Atari” and collectively with IESA, Atari Interactive and Humongous, the “Parties”), at 417 Fifth Avenue, New York, NY 10016, and effective on December ___, 2007 (the “Effective Date”).
