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MadManCK
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While the Atari US tries to file for bankrupcy, some desperate players at the other side of the pond try to save the Atari SA mother company.

http://www.computerworld.com/s/article/ ... bankruptcy
Former Atari Interactive CEO Frederic Chesnais has decided to take a 25.23% stake in the company in a bid to save it from bankruptcy, Atari announced Tuesday.

He will pay principle shareholder BlueBay just 400 euros for 7,451,122 Atari shares, and for mandatory convertible bonds that give him access to another 5,528,736 shares.

Given the urgency of the situation, Chesnais' investment company Ker Ventures also agreed to grant a 250,000 euros in short-term cash financing to European parent company Atari SA, without waiting for the completion of the transaction, and to postpone interest due on the bonds until the end of September, the company said.

The iconic game company filed for bankruptcy protection in the U.S. in January in an effort to separate operations from parent company Atari SA, which is based in France and has also filed for bankruptcy protection. Atari had to file for bankruptcy protection because it was unable to find a replacement for BlueBay, its principal shareholder, which announced its intention to sell its shares in the company in 2010.

Besides backing from Ker Ventures, Atari also received an investment from the Alden Fund, a group that specializes in turning around companies. Alden will acquire a 21 million euro company loan to Atari from BlueBay. The Alden Fund also made available cash financing of US$5 million to the Atari group's U.S. subsidiaries, Atari Inc., Atari Interactive Inc., California US Holding, Inc. and Humongous, Inc.

An initial loan of $2 million has already been made available to the U.S. subsidiaries, Atari said. The remaining $3 million will be available to the subsidiaries under additional conditions including the entry of a final order at a court hearing to be held on Feb. 14, it added.

"It's quite good news for Atari that new shareholders can be found," a company spokesman said. But the situation remains very difficult for the company because of the Chapter 11 bankruptcy protection filing in the U.S., he added. "The judge in the U.S. will play a very important role in the future of the company," he said.

Chesnais was appointed to the position of CEO of Atari SA for a nominal compensation of 1,000 euros a month payable at the termination of the U.S. bankruptcy procedure. Upon closing of the transaction of the share capital, the board has resolved to elect Chesnais as chairman, the company said. Chesnais, who is French and lives in New York, has a strong background in the videogame industry. He was the CEO of Atari Interactive, as well as the CFO and Deputy Operating Officer for the Atari Group, where he helped create and launch many games.

"I made this move because I love the team, I know about games, I love the brand and in the past we have all spent nights and days to make it shine," Chesnais said in a statement, adding that he didn't hesitate for one second when he heard the bad news. He plans to work hard to seek the financing needed for Atari: "I am just given a few weeks to put the company back on track and I have to give it a try," he said.

He will replace Gene Davis, who was named CEO of Atari SA following BlueBay's announcement of its intention to sell its shares. Davis will become CEO of Atari Inc. in order to concentrate on the U.S. bankruptcy protection procedure.
ATARI : UPDATE ON CURRENT SITUATION AND REVENUES FOR THE 3RD QUARTER OF FY 2012/2013
UPDATE ON CURRENT SITUATION
AND REVENUES FOR THE 3RD QUARTER OF FY 2012/2013

New Atari SA management continues to assess the situation and evaluates its options

Revenues fall 64% in third quarter (October 1 to December 31, 2012) and 51% over 9 months (March 1 to December 31, 2012)

While visibility is reduced current activities are strictly limited to the operation of the existing catalog

All solutions implemented will seek to meet the best interests of the Company and all of its shareholders

Paris, France, February 17, 2013 - On February 5, 2013 Atari SA (the "Company") announced the arrival of new shareholders, Ker Ventures and Alden Capital, and the appointment of Frederic Chesnais as CEO of Atari SA. Since then, new Atari SA management has been conducting a detailed assessment of the situation of the Group to evaluate the various options and their implementation. This will be the subject of a subsequent communication.

In the meantime, the Group releases its revenues for the quarter ended December 31, 2012 and an update on the status of the Chapter 11 proceedings of the U.S. subsidiaries, proceedings which do not apply to the Group's French companies.

Q3 2012/2013 (October 1 to December 31, 2012) revenues down 64%

Revenues for the quarter ended December 31, 2012 was generated prior to the Chapter 11 filings in the United States, the arrival of the new shareholders and the change of directors. During this particularly difficult quarter, the sharp decline in revenues was mainly due to the lack of financial resources:

The decrease in digital revenues (77% of the total revenue, -32%) is due to the interruption of the mobile and online games launch plan in light of the lack of resources to promote this type of games.

The decline in retail and other revenues (23% of Group sales, -81%) continues to reflect the Group's intention to withdraw from this low margins market segment.

The absence of licensing agreements is linked to the difficulties encountered during the period.

Q3 2012/2013 Q3 2011/2012 Change Change
€m % of revenues €m % of revenues €m %
Digital 3.0 76.9% 4.4 40.0% -1.4 -31.8%
Licensing 0.0 0.0% 1.8 16.4% -1.8 -100.0%
Retail and others 0.9 23.1% 4.8 43.6% -3.9 -81.3%
Total revenues* 3.9 100.0% 11.0 100.0% -7.1 -64.5%

* Since FY 2011/2012 the Company decided, in conjunction with the Company's evaluation of its segments, to change the presentation of the "digital revenues", and that the mobile and social portions of the "Digital" segment should be reflected on a gross basis. For consistency of presentation purposes the Company has reflected the respective digital distribution revenues in the same manner its accounts accordingly.
For the current quarter (ending on March 31, 2013) and the following months, the operations are exclusively focused on the existing catalog and potential distribution agreements in Europe. In light of the current context, the outlook[1] previously published by the Company has not yet been updated.

9 months 2012/2013 (March 1 to December 31, 2012) revenues down 51%
http://pdf.reuters.com/htmlnews/8knews. ... 7:nHUGcWSP

FYI

:character-blues:
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Thanks Dave, sounds like they have money to keep the lights on for now. May should be an interesting month for Atari, we'll see what the court does. If they allow Atari US to separate, then it should free them from most of their major debt issues.

I hope they don't ignore TDU2 either. I suspect we'll at least see another patch fixing some of the issues like the Lotus Evora gearing, but as for new DLC, I'm not so sure. I wonder if they have any 3D modelers still working on TDU2, somehow I doubt it.
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DDastardly00 wrote: I hope they don't ignore TDU2 either. I suspect we'll at least see another patch fixing some of the issues like the Lotus Evora gearing, but as for new DLC, I'm not so sure. I wonder if they have any 3D modelers still working on TDU2, somehow I doubt it.
Likewise. There won't be any new content made for TDU2. But there is still some content developed for TDU2. Maybe it can be released later. It all depends on who gets in charge of the franchise.

Think of the Lotus Exige, Triumph Speed Triple, Ducati 848, Nismo, Hotrod and not to forget the unreleased cars from the RabCat portfolio. Would make a nice DLC. And there are still a lot of bugs. They have been collected and passed on by GMJahia, but we don't know what happened with them. The Evora gears and sliding 4wd cars were introduced with one of the updates and never fixed. It would be ashame if those were left as it is.

I will follow the developments and try to get some info.

:character-blues:

PS Who is Dave :eeek:
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Atari secured a USD 5m 5% debtor-in-possession financing from Alden Global Distressed Opportunities Master Fund, and its only secured debt on record is a EUR 21m secured claim against Atari SA, which Alden later assumed. The credit facility is backed by a security interest in the Test Drive Unlimited franchise, but otherwise all other gaming assets are unencumbered.
Obviously someone thinks the TDU franchise is worth something...

http://www.ft.com/cms/s/2/9c57bc9a-962b ... z2PUoD3cAD

Atari CEO expects brand appeal to drive auction price

By Jon Berke

This article is provided to FT.com readers by Debtwire—the most informed news service available for financial professionals in fixed income markets across the world. http://www.debtwire.com

--------------------------------------------------------------------------------

When Atari Inc. launched greatest hits game Atari Classics on mobile devices in 2011, a majority of subscribers ended up clicking a USD 9.99 per download option to acquire all of the video developer’s available games.

Management assumed it was onto something good.

But 10m downloads and two years later, the iconic gamer finds itself sidelined in bankruptcy court. While the company’s inability to play on as stand-alone speaks to the fickle temperaments behind the fast-evolving world of electronic entertainment, Atari management still touts the brand as having longstanding strategic value.

“When the universe starts to get crowded, brands matter more,” Atari CEO Jim Wilson told Debtwire earlier this month.

Wilson would have preferred for Atari’s prioneer status to serve as a platform for the legacy business to grow and remain profitable. But now that he is faced with a Chapter 11 predicament, the CEO has his sights set on hitching the business to a synergistic partner. To that end, the debtor plans to run an auction process through the US Bankruptcy Court for the Southern District of New York.

“We think the Atari brand presents an opportunity for a larger strategic to plug into their business or for Atari to remain as a standalone, but attract capital to deploy mobile and online games,” said Wilson, adding that Atari had been searching for USD 15m - USD 20m in capital to pursue such a strategy prior to the January bankruptcy filing.

The auction process is slated for mid-May. If not sold wholesale, court proceedings are set up to allow Atari to sell individual assets in a 363 sale process. Atari investment banker Perella Weinberg Partners has not yet decided whether to appoint a stalking horse bidder, and preliminary indications of interest are due next week on 3 April.

Atari representatives assert that more than 50 parties have been granted access to the debtor’s data room. And if the ongoing auction of fellow video gamer THQ Inc. is any guide, Atari could muster up a lot of interest given that the former attracted USD 70m cash, several multiples removed from the stalking horse, said one investment banker. Atari might attract even greater interest, since it still owns a roster of legendary games such as Asteroids, Pong and Centipede. Additionally, the Atari Casino platform has a chance to tap into a growing online growth platform, he added.

Another attraction to Atari’s historic portfolio of games is that conversion costs of existing products into mobile applications is much cheaper than the research and development costs associated with developing new games, noted a hedge fund analyst who studies the media and gaming sector.

French connection

The Atari name has been through various owners in its 40-year history, but was left with the odd distinction of operating US assets while being a subsidiary of a French-listed company, Atari SA. The dynamic was put in place in 2009 after the company’s European distribution arm was sold to Namco Bandi.

The company hired European investment bank Bryan Garnier & Company in the summer of 2012 to raise capital so it could proceed with its mobile conversion ambitions, but the French corporate structure created two distinct roadblocks.

The company couldn’t raise leveraged buyout financing, because French corporate law prevents a going-private transaction unless there is a 95% shareholder approval rate, and Atari SA had over 50,000 retail shareholders owing 1% or less of the stock, noted the two sources legal sources familiar with the matter.

In addition, the company looked at just spinning off the US arm to investors, but that also would have required any potential buyer to acquire the minority equity stake from the holders in France, noted one of the sources familiar. This left bankruptcy as the most viable option on the table in order to create a clean separation from the French parent.

Atari secured a USD 5m 5% debtor-in-possession financing from Alden Global Distressed Opportunities Master Fund, and its only secured debt on record is a EUR 21m secured claim against Atari SA, which Alden later assumed. The credit facility is backed by a security interest in the Test Drive Unlimited franchise, but otherwise all other gaming assets are unencumbered.
Thanks to Diablo for the link
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DDastardly00
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MadManCK wrote:
DDastardly00 wrote: I hope they don't ignore TDU2 either. I suspect we'll at least see another patch fixing some of the issues like the Lotus Evora gearing, but as for new DLC, I'm not so sure. I wonder if they have any 3D modelers still working on TDU2, somehow I doubt it.
Likewise. There won't be any new content made for TDU2. But there is still some content developed for TDU2. Maybe it can be released later. It all depends on who gets in charge of the franchise.

Think of the Lotus Exige, Triumph Speed Triple, Ducati 848, Nismo, Hotrod and not to forget the unreleased cars from the RabCat portfolio. Would make a nice DLC. And there are still a lot of bugs. They have been collected and passed on by GMJahia, but we don't know what happened with them. The Evora gears and sliding 4wd cars were introduced with one of the updates and never fixed. It would be ashame if those were left as it is.

I will follow the developments and try to get some info.

:character-blues:

PS Who is Dave :eeek:
Sorry Madman, I was emailing someone named Dave in a work related email at the same time I was posting lol, must have crossed them over. Oops! Good thing I didn't call the other guy Madman, that probably wouldn't have gone over well! :loll:

I would love to see all of those vehicles make it in, especially the Exige and the Hot Rod. The Elise was one of my favorite cars in TDU. The game ceretainly needs more bikes and a few more cars wouldn't hurt either, and I would buy all of them too.

I can't speak for the PS3 or the PC versions of the game but from what I have seen on the 360, they must have sold a good amount of DLC afte the bike pack was released and now the servers are even busier than they were last year at this time. If they were to release more DLC, I have no doubt it would sell very quickly and genereate much needed revenue. I fact they would be crazy not to imo.
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Update on the Atari situation
http://hugin.info/143477/R/1695661/558093.pdf
ATARI : UPDATE ON CURRENT SITUATION
04/24/2013



Stabilization of Atari SA's situation in France, business at a standstill

Ongoing Chapter 11 Proceedings of Atari's US Subsidiaries on which Atari SA has only a limited influence

Suspension of trading of Atari shares maintained, pending better visibility over the outcome of the ongoing Proceedings in the US

Modification of the Board

Paris, France, April 24, 2013 - Atari SA (the "Company" or "Atari") is communicating on the latest developments regarding its situation and the progress of the Chapter 11 Proceedings in the US (the "Proceedings") of the US subsidiaries (i.e. Atari Interactive, Inc., California US Holding Inc., Atari Inc. and Humongous Inc.) (the "US Subsidiaries").

Readers are invited to refer to Atari's previous communications on http://www.atari.com/corporate/financia ... orate-news:
http://www.atari.com/corporate/financia ... orate-news.

Recent actions taken by Atari's management in France

Atari's situation in France has been stabilized:

Atari's business in France is being maintained but at a standstill and consists only in following the Proceedings in the US. The liquidation of Eden Games, started on January 29, 2013, is in process.
Alden[1]:
#ftn1 and Ker Ventures have agreed to postpone the payment of any interest due by the Company under the ORANEs they hold until the earlier of: September 30, 2013 or a period expiring thirty (30) days after the termination of the Chapter 11 Proceedings in the US. The coupons have been paid to the other ORANEs bondholders in accordance with the stated contractual maturity date.

Negotiations with Alden have also been made, permitting the extension of the maturity date of the EUR 21.4 million credit facility (the "Credit Facility") and the corresponding interest to July 25, 2013, which is also the maturity date of the $5 million DIP financing granted by Alden to the US subsidiaries.

The cash position of Atari SA as at March 31, 2013 is about EUR 1.5 million, which should be sufficient for the Company to cover its financial obligations until July 25, 2013 (excluding repayment of the Credit facility) and therefore follow the US Proceedings over the period.

In order to enable Atari to repay its Credit Facility and maintain (if possible) its operations after July 25, 2013, sales of assets in accordance with the Chapter 11 Proceedings in the US are necessary. The scope of such sales and their prices will be determined in the course of the Proceedings and under the final control of the US bankruptcy judge, as further detailed below. The outcome of the Proceedings, which will also need to be approved by the US creditors, will be of particular importance for Atari and its shareholders. The possible options for continuing operating will be assessed at this point, depending on the remaining assets, as the case may be, their potential and financing available.

Progress on Chapter 11 Proceedings in the United States

The Chapter 11 Proceedings with the Bankruptcy Court in New York, handling the case submitted by the US subsidiaries on January 21, 2013 (the "Court"), are still pending. The various stages in the Proceedings and the main documents and motions are being published directly by the Court as they progress. They may be consulted online at the following link:
http://www.bmcgroup.com/restructuring/D ... ientID=316:
http://www.bmcgroup.com/restructuring/D ... ientID=316.

As at January 21, 2013, the US Subsidiaries did not have sufficient resources to compensate the US creditors repay the abovementioned loan and finance a reorganization of its business. Today, the situation remains unchanged. Therefore, the option chosen by the US Subsidiaries during the Proceedings has been to solicit offers from third parties as part of a sale process (the "Sale Process") for all or part of the US assets, in accordance with section 363(c) of the US Bankruptcy Code. These assets form the bulk of the Atari Group's assets.

As indicated in the Company's press release of February 5, 2013, in the context of the Chapter 11 Proceedings, Alden made available a maximum USD 5 million debtor-in-possession (DIP) cash financing to the US Subsidiaries, enabling them to keep operating. The creditors' committee hasalso been created.

The Court entered an order establishing April 30, 2013 as the deadline for filing proofs of claims by parties who may hold claims against the Debtors that arose prior to the date of filing for bankruptcy.

Regarding the offer submission process, the next step will be for third parties to submit binding offers. Atari SA will have no authority to accept or reject them. Indeed, due to the US bankruptcy law, the independence of the parties in the Proceedings and the powers granted to the Court, Atari SA has limited influence over the decisions taken in connection with the restructuring of its subsidiaries and the progress schedule.

Potential buyers (the "Potential Buyers") include both financial and strategic buyers, the latter category consisting of both gaming and non-gaming companies. They have executed non-disclosure agreements to gain access to a virtual data room established by the US Subsidiaries to assist them with their due diligence regarding the assets. The discussions and negotiations between the US Subsidiaries and the Potential Buyers are still ongoing. The US Subsidiaries anticipate that, in the coming weeks, these negotiations will culminate in the submission of binding offers by the Potential Buyers. Following the submission of such offers, the Debtors will seek the Court's approval of bid procedures, which will set forth the next steps in the Sale Process as well as the procedures for the selection of higher and better offers and a potential auction.

For this auction phase, the US Proceedings may include the mechanism of "stalking horse" offers. Under this mechanism, certain offers may be accepted in advance (i.e. stalking horse offers). If such an offer is accepted, this offer will be the subject of a motion to the Court, notice to creditors and other interested parties, in order to seek authorization to proceed with such offer in accordance with its terms unless a higher offer is submitted.

Therefore, the prospects of Atari SA and its shareholders will depend on the outcome of such Proceedings and the proceeds received from the sale of all or part of the assets, net of all legal and transactional costs, staff costs and other operating costs approved by the Court in the context of the Proceedings and after distributions to creditors, including repayment of the DIP financing of $5 million maximum and the Euro 21.4 million Credit Facility.

Suspension of trading maintained

Considering the complexity and uncertainties of the US Proceedings, the Company is not at this stage in a position to request the resumption of trading of Atari shares on the NYSE Euronext Paris market.

The Board of Directors expects the Sale Process to be complex. It therefore believes that it is preferable to be in a position to provide shareholders with details of the offers received before considering a resumption of trading of Atari's shares. Details of the offers will be released by US Subsidiaries in the course of the Proceedings and Atari will seek to ensure prompt communication of the information.

At this stage, no guarantees can be given concerning the potential recovery for existing shareholders. The market and the shareholders will be informed with 48 hour prior notice if trading is to resume.

Changes at the Board of Directors

Alyssa Padia Walles, president of Amplitude Consulting, has joined the Board, effective April 4, 2013, replacing Alexandra Fichelson. Ms Walles has extensive experience in media start-ups to multinational companies.

Alyssa Walles has a wide expertise, notably in the development and management of companies, sales, brand promotion as well as international marketing in the interactive business (video games, apps, on-line games, etc.).

She had high management positions in companies such as Sony Computer Entertainment Europe where she contributed to the PlayStation launch. She knows Atari well, as she was Senior Vice President, Corporate Evolution of Infogrames / Atari from 2000 to 2003 and played an important role in the integration of GT Interactive and Hasbro Interactive and handled the marketing intiative to enhance the Atari brand.

As a strategy consultant, Alyssa Walles has worked on brands like Fisher-Price, Nimbus Games, Leapfrog, Nutri-Ventures, Integrity Media, Sony Pictures Home Entertainment and Backyard Sports, in particular as co-president of Humongous, Inc.

Alyssa Walles holds a degree in "Cinema" from University of Southern California and is also a mentor at the USC Marshall School of Business, a founding member of the Long Beach TEC (a multimedia incubateur) and a consultative member of the [a]list games.

According to French regulations, the Board of Atari has reviewed on April 4, 2013 the composition and independance of its directors. As of today, the Board of Atari is the following:

Frédéric Chesnais - Président Directeur Général (CEO)

Frank Dangeard - Independent Director, Chair of the audit committee

Tom Virden - Independent Director, Chair of the recruiting and compensation committee

Erik Euvrard - Independent Director

Alyssa Padia Walles - Independent Director

Alexandra Fichelson has resigned from the Board for personal reasons.The ratification of the cooptation of Ms Walles, following the recruiting and compensation committee recommandation, shall be submitted to the next shareholders general meeting of Atari.

About Atari, SA
Atari (http://www.atari.com) is a multi-platform, global interactive entertainment and licensing company. The original innovator of video gaming, founded in 1972, Atari owns and/or manages a portfolio of more than 200 games and franchises, including world renowned brands like Asteroids®, Centipede®, Missile Command®, Pong®, Test Drive®, Backyard Sports® and RollerCoaster Tycoon®. Atari capitalizes on these powerful properties by delivering compelling games online (i.e. browser, Facebook® and digital download), on smartphones and tablets and other connected devices. The Company also develops and distributes interactive entertainment for video game consoles from Microsoft, Nintendo and Sony. As a licensor, Atari extends its brand and franchises into other media, merchandising and publishing categories. For more information: http://www.atari.com:
http://www.atari.com/

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Calyptus - Marie Ein
Tel + 33 1 53 65 68 68
[email protected]:
mailto:[email protected]

[1]:
#body_ftn1 Alden Global Capital on behalf of Alden Global Value Recovery Master Fund, L.P. (hereafter "Alden")
Atari: UPDATE ON CURRENT SITUATION:
http://hugin.info/143477/R/1695661/558093.pdf
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Looks like Atari have been told to sell everything off to the highest bidder to help with the debt :eeek:

This could be a good thing if the right company get the rights to Test drive unlimited, I guess we will see what happens in the next few weeks after the bidding :)
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Bezrider wrote:Looks like Atari have been told to sell everything off to the highest bidder to help with the debt :eeek:

This could be a good thing if the right company get the rights to Test drive unlimited, I guess we will see what happens in the next few weeks after the bidding :)
The Test Drive franchise is used as a security deposit for a $5 Million loan. This is both good and bad as there are at least some players who think it is worth something, but also stagnates any development in progress.
One party tries to save the company, while the Atari Inc tries to part from the Atari SA mother company.

Unfortunately for us this means that they can not do any new release or DLC or patch or whatever. Even if they wanted to, they are not allowed to do so under the current procedures.

After the conclusion of the chapter 11 procedure more will become clear.
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MadManCK wrote:
Bezrider wrote:Looks like Atari have been told to sell everything off to the highest bidder to help with the debt :eeek:

This could be a good thing if the right company get the rights to Test drive unlimited, I guess we will see what happens in the next few weeks after the bidding :)
The Test Drive franchise is used as a security deposit for a $5 Million loan. This is both good and bad as there are at least some players who think it is worth something, but also stagnates any development in progress.
One party tries to save the company, while the Atari Inc tries to part from the Atari SA mother company.

Unfortunately for us this means that they can not do any new release or DLC or patch or whatever. Even if they wanted to, they are not allowed to do so under the current procedures.

After the conclusion of the chapter 11 procedure more will become clear.
Yes I Realise this but (maybe I'm reading this wrong) doesn't this mean that if TDU is worth at least $5 mil it must have a future be it with Atari or who ever eventually gets to buy the franchise.
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Bezrider wrote:
Yes I Realise this but (maybe I'm reading this wrong) doesn't this mean that if TDU is worth at least $5 mil it must have a future be it with Atari or who ever eventually gets to buy the franchise.
Exactly my point. No matter if it is UbiSoft who buys it or a new version of Atari, nobody invests $5M if they do not think it is worth at least that amount.
It can also mean that a TDU3 is already in development. Even a poorly managed TDU2 release was good for selling 2M copies. You can only imagine the potential if a proper developed successor is released. The brand name is still strong. And there are more options for the TD franchise...

Whatever happens to Atari and in what shape they will continue is only marginally related to the future of TDU

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