FORM OF PURCHASE AGREEMENTPurchase Agreement • April 13th, 2004 • Midway Games Inc • Services-prepackaged software • New York
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • April 13th, 2004 • Midway Games Inc • Services-prepackaged software • New York
Midway Games Inc., a Delaware corporation (the "Company"), proposes to issue and sell to certain investors (collectively, the "Investors") up to an aggregate of 11,350,000 shares (the "Shares") of Common Stock, $.01 par value per share (the "Common Stock"), of the Company. The Company desires to engage Banc of America Securities LLC (the "Placement Agent") as its exclusive placement agent in connection with such issuance and sale. The Shares are described in the Prospectus that is referred to below.
