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0001144204-04-019716.txt : 20041118 0001144204-04-019716.hdr.sgml : 20041118 20041118160610 ACCESSION NUMBER: 0001144204-04-019716 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20041116 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20041118 DATE AS OF CHANGE: 20041118 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MIDWAY GAMES INC CENTRAL INDEX KEY: 0001022080 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 222906244 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12367 FILM NUMBER: 041155087 BUSINESS ADDRESS: STREET 1: 2704 WEST ROSCOE STREET CITY: CHICAGO STATE: IL ZIP: 60618 BUSINESS PHONE: 7739612222 MAIL ADDRESS: STREET 1: 2704 WEST ROSCOE STREET CITY: CHICAGO STATE: IL ZIP: 60618 8-K 1 form8k.htm Unassociated Document

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

_________________

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): November 16, 2004

MIDWAY GAMES INC.

(Exact Name of Registrant as Specified in Charter)

Delaware

(State or Other Jurisdiction of Incorporation)

1-12367

(Commission File Number)

22-2906244

(I.R.S. Employer Identification Number)

2704 West Roscoe Street, Chicago, Illinois 60618

(Address of Principal Executive Offices) (Zip Code)

Registrant’s telephone number, including area code: (773) 961-2222

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


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Item 1.01 Entry Into a Material Definitive Agreement.

On November 16, 2004, Microsoft Licensing, GP delivered to the Registrant an amendment to the Xbox® Publisher License Agreement dated on or about October 30, 2000 between the registrant’s wholly-owned subsidiary, Midway Home Entertainment, and Microsoft Licensing, GP. The amendment extends the term of the agreement until March 1, 2005. A copy of the amendment is attached to this report as Exhibit 99.1. Exhibit 99.1 is incorporated herein by this reference.

Item 9.01 Financial Statements and Exhibits.

(c) Exhibits

Exhibits	Description
99.1	Term Extensions to Xbox® Publisher License Agreement.


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SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


	MIDWAY GAMES INC.

November 18, 2004	By:	/s/ David F. Zucker
		David F. Zucker
		President and Chief Executive Officer


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EXHIBIT INDEX

Exhibits	Description
99.1	Term Extensions to Xbox® Publisher License Agreement.


	4

EX-99 2 ex99.htm Unassociated Document

EXHIBIT 99.1

Term Extensions to Xbox® Publisher License Agreement

Midway Home Entertainment (“Publisher”) and Microsoft Licensing, GP have entered into that certain Xbox® Publisher License Agreement dated on or about October 30, 2000 (the “PLA”). The term of the PLA is three years from the first commercial launch of the Xbox, which was November 15, 2001. The PLA will therefore expire by its own terms on November 15, 2004. The parties hereby extend the term of the PLA and all amendments, addenda and supplemental agreements thereto with term expirations that tie to the expiration of the PLA until March 1, 2005.

Acknowledged and Agreed to:

MICROSOFT LICENSING, GP	MIDWAY HOME ENTERTAINMENT

/s/_ Roxanne V. Spring __________ By (sign)	/s/_ Deborah K. Fulton _________________ By (sign)

Roxanne V. Spring ______________ Name (Print)	Deborah K. Fulton ____________________ Name (Print)

SPM_________________________ Title	Vice President & Secretary______________ Title

11/10/04 ______________________ Date	11/8/04 ____________________________ Date