0000950137-05-005571 Sample Contracts

AMENDMENT TO THE XBOX PUBLISHER LICENSING AGREEMENT (Term, Tier[*], Limited Tier Migration, Super Hits Program, Minimum Order Quantities, Samples, Demo Versions, Billing Addresses)
Publisher Licensing Agreement • May 9th, 2005 • Midway Games Inc • Services-prepackaged software

This Amendment to the Xbox Publisher License Agreement (this “Amendment”) is entered into and effective as of March 1, 2005 (the “Amendment Effective Date”) by and between Microsoft Licensing, GP, a Nevada general partnership (“Microsoft”), and Midway Home Entertainment (“Licensee” or “Publisher”), and supplements that certain XboxÔ Publisher License Agreement between the parties dated as of October 30 2000, as amended (the “PLA”).

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AMENDMENT TO THE XBOXÔ PUBLISHER LICENSING AGREEMENT (Establishing European Sales Territory Review Disc Program; Changing Due Date for Royalty Tier Selection Form for Standard FPU’s; Changing Volume Requirement for Japanese Platinum Hits Program;...
Midway Games Inc • May 9th, 2005 • Services-prepackaged software

This Amendment (“Amendment”) is entered into and effective as of the later of the two signature dates below (the “Amendment Effective Date”) by and between Microsoft Licensing, GP, a Nevada general partnership (“Microsoft”), and MIDWAY HOME ENTERTAINMENT, INC. (“Licensee” or “Publisher”), and supplements the XboxÔ Publisher License Agreement between the parties dated as of 10/30/2000, and as previously amended (“PLA”).

TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 9th, 2005 • Midway Games Inc • Services-prepackaged software

THIS TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of March 11, 2005, by and among Lenders, WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”) and MIDWAY HOME ENTERTAINMENT INC., a Delaware corporation (“Midway”), MIDWAY AMUSEMENT GAMES, LLC, a Delaware limited liability company (“MAG”; Midway and MAG are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), MIDWAY GAMES INC., a Delaware corporation (“Parent”), MIDWAY GAMES WEST INC., a California corporation (“MGW”), MIDWAY INTERACTIVE INC., a Delaware corporation (“MI”), MIDWAY SALES COMPANY, LLC, a Delaware limited liability company (“MSC”), MIDWAY HOME STUDIOS INC., a Delaware corporation (“MHS”), SURREAL SOFTWARE INC., a Washington corporation (“Surreal”), MIDWAY STUDIOS – AUSTIN INC., a Texas corporation (“MSA”), MIDWAY STUDIOS – LOS ANGELE

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