WAIVERStock Option Agreement • April 13th, 2004 • Midway Games Inc • Services-prepackaged software
REFERENCE IS MADE to a Stock Option Agreement dated as of May 6, 2003 (the "Option Agreement") by and between Midway Games Inc., a Delaware corporation (the "Corporation") and David F. Zucker ("Optionee"). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Option Agreement.
AGREEMENT AND WAIVERAgreement and Waiver • April 13th, 2004 • Midway Games Inc • Services-prepackaged software
THIS AGREEMENT AND WAIVER is made, entered into and effective as of the 2nd day of April, 2004, by and among Midway Games Inc. (the "Corporation"), Portside Growth and Opportunity Fund (f/k/a Peconic Fund, Ltd.), Smithfield Fiduciary LLC and Neil D. Nicastro (collectively, the "Investors") each of whom own warrants (the "Series B Warrants") to purchase shares of the Corporation's common stock, par value $0.01 per share (the "Common Stock"). The Series B Warrants were acquired by the Investors pursuant to the Securities Purchase Agreement, dated as of May 22, 2001, by and among the Corporation and the Investors.
AGREEMENT AND WAIVERAgreement and Waiver • April 13th, 2004 • Midway Games Inc • Services-prepackaged software
THIS AGREEMENT AND WAIVER is made, entered into and effective as of the 12th day of April, 2004, by and among Midway Games Inc. (the "Corporation"), Peconic Fund, Ltd., Smithfield Fiduciary LLC and Neil D. Nicastro (collectively, the "Investors") each of whom own warrants (the "Series B Warrants") to purchase shares of the Corporation's common stock, par value $0.01 per share (the "Common Stock"). The Series B Warrants were acquired by the Investors pursuant to the Securities Purchase Agreement, dated as of May 22, 2001, by and among the Corporation and the Investors.
