GAMING NEWSUS Trustee And Creditors File Objections Against Sale Of THQPosted on Friday, January 4 @ 12:00:15 Eastern by Alex_Osborn
![]() After filing for Chapter 11 bankruptcy a few weeks ago, the plan was for THQ to be scooped up by Clearlake Capital Group. In this way, the publisher's stable of studios would remain unharmed and business could continue as usual. Now, that may no longer be the case. US Trustee Roberta DeAngelis has filed an objection against the sale of THQ to Clearlake Capital, taking issue with the 30-day purchase window. According to DeAngelis, the timeframe was not long enough to allow for other interested parties to bid on the publisher.
In addition, a number of THQ's creditors have found the sale to be problematic, filing an objection against the sale of the publisher. The objection claims that the process seems like it was "designed specifically to thwart any potential bidders from stepping forward to compete with Clearlake's bid." They also found the "requirement that prospective purchasers bid on the Debtors 'as a whole' rather than on a 'piecemeal' or 'title-by-title' basis" to be problematic as well. More from the Game Revolution Network Comments
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Jobin_Wendy
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OdiousLupous
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sli
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sliverstorm
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1. Keeping strategic bidders out of the PRE-bankruptcy sale process by marketing the company only as a whole AND only agreeing to transactions that would keep existing management entrenched in their current roles (a serious breach of fiduciary duty that happens far too often in the corporate world)
2. MANUFACTURING a liquidity crisis by
a. Revising financial projections to show higher cash requirements.
b. Deferring game release dates to hold off revenue (remember that!?)
c. Telling its foreign subsidies not to bring cash from foreign countries into the US.
3. "Pre-funding" future expenses (setting aside cash for expenses yet to occur), decreasing the amount of free cash available to pay back creditors (and lowering the overall purchase price of THQ).
4. Lying about the majority of unsecured creditors supporting the Clearlake plan.
5. Out of text