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THQ Simultaneously Files Chapter 11 Bankruptcy, Secures Buyer for Company's Assets [UPDATED]

A "stalking horse bidder" has taken over the financially strapped publisher, and all of its currently owned studios. Jason Rubin comments on the bankruptcy process.

For a brief bit of levity, here is the first image that popped up when I Google image searched
For a brief bit of levity, here is the first image that popped up when I Google image searched "stalking horse."

UPDATE: THQ's Jason Rubin has posted a lengthy note explaining the process of Chapter 11 bankruptcy, while simultaneously attempting to assuage any fears fans might have about the fate of the publisher's upcoming lineup. He specifically makes a point of comparison to MGM. MGM famously ran into financial issues a couple of years back, and Chapter 11 bankruptcy turned out to be the production studio's savior, allowing it to fund two of this year's biggest films in the James Bond sequel Skyfall, and Peter Jackson's first Hobbit film. Of course, it also allowed MGM to release that abhorrent Red Dawn remake, AKA the movie most directly comparable to a franchise in THQ's lineup, but I suppose that wasn't really Rubin's point.

You can read his entire post here.

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THQ is bankrupt, and has a new owner. Yes, all at the same time.

Clearlake Capital Group LLP has acquired the financially beleaguered publisher as a "stalking horse bidder," offering up a total consideration of $60 million for the company, including a new $10 million note for its creditors.

The bankruptcy petition by THQ is simply a byproduct of this larger deal, allowing the company to shed some of its debt obligations in the wake of the sale.

According to a press release put out by THQ today announcing the deal, the company made it clear that it has every intention of continuing development on its upcoming suite of games, including the likes of Metro: Last Light and South Park: The Stick of Truth.

"The sale and filing are necessary next steps to complete THQ's transformation and position the company for the future, as we remain confident in our existing pipeline of games, the strength of our studios and THQ's deep bench of talent," said Brian Farrell, Chairman and CEO of THQ. "We are grateful to our outstanding team of employees, partners and suppliers who have worked with us through this transition. We are pleased to have attracted a strong financial partner for our business, and we hope to complete the sale swiftly to make the process as seamless as possible."

In case you're anything like I was prior to writing this story and don't really understand what a "stalking horse bidder" even is, it turns out it's simply a method of auctioning assets that ensures THQ wouldn't be low-balled by potential bidders. By filing for Chapter 11 bankruptcy, THQ was able to use the stalking horse method to select Clearlake as an opening bidder for the publisher. Any other company could have entered the fray and bid up over Clearlake, but it sounds like nobody did. In effect, THQ chose its eventual owner, while leaving the door open for other bidders who never appeared.

Kind of an interesting story to just float out there right at the end of the year, when all the media is beginning to disappear for vacation, ain't it?

Alex Navarro on Google+

163 Comments

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MooseyMcMan

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Edited By MooseyMcMan

Poor THQ!

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RoyCampbell

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Edited By RoyCampbell
@siln said:

"Filed under: THQ, Horse"

"Hi, hey, hello-" 
 
"Horse."
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HellknightLeon

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Edited By HellknightLeon

Always sad to see another one fall. I hope everything works out ok. I don't know what will happen to Saints Row now. I agree that 60mil is generous.... I will just have to wait and see what happens to everything.

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ninjalegend

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Edited By ninjalegend

I hope the stick of truth hits and hits big. It's sad to see a publisher that has brought me games as good as Saints Row the Third and Red Faction Guerrilla in trouble. I hope they now realize the difference between making smart gambles like the new IPs this generation, such as Saints Row and Darksiders, and dumb gambles like chasing the casuals with Udraw. Success comes easier if you know what your good at, focus on that, and execute.

I'm rooting for you, THQ! I can't wait to play the South Park game as dumb fun games seem to be in your wheelhouse.

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EchoEcho

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Edited By EchoEcho

As long as Relic makes it through this intact so I can get more 40k goodness, then I'm all right.

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InternetDetective

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i wanna be a stalking horse bidder : (

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pickassoreborn

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Edited By pickassoreborn

Oh shit. I'm getting horrific deja vu here - it's Midway all over again. I really hope THQ pull through this and don't go the way that Midway did - although the Stalking Horse thing was also featured in Midway's Chapter 11 bankruptcy and didn't help matters one bit.

Chapter 11 is basically a way to buy more time. One commenter has gleefully mentioned that "THQ are out of debt!" through this procedure. Bullshit. They're almost fucked. If they can get their shit together before the dreaded deadline, they'll be out of trouble.

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veektarius

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Edited By veektarius

So now that the bankruptcy cat is out of the bag, can they go back and develop a new engine for CoH 2?

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sins_of_mosin

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Edited By sins_of_mosin

As long as they stay in biz, thats all I care about. Thou, Dawn of War series needs to go back to RTS and not that action rpg kinda crap.

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gunharp

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Edited By gunharp

@jta04 said:

I read through their bankruptcy petition. Turns out they owe $45,000,000 to the WWE.

Between your reply to and that bit of info. Do you know of anyone out there writing about THQ's bankruptcy with such detail/research? More interesting than just the fact/event reporting.

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Vaancor

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Edited By Vaancor

Well, was nice while it lasted. Curious how the new parent company will change things to get a return on there investment.

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redelectric

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Edited By redelectric

@Kidavenger: Go to THQ.com and read the news. Relic was part of the deal. All studios that develop under the THQ umbrella are part of the deal. Money even goes to THQ's contracted developers. First paragraph.

FIRST PARAGRAPH GUYS. GAMES ARE COMING.

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Phished0ne

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Edited By Phished0ne

ITT: Lots of people who don't know how Chapter 11 works.

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MordeaniisChaos

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Edited By MordeaniisChaos

@RonnieBarzel said:

With a new owner, will this mean Jason Rubin will be leaving the company? I'm not an economics major, but it would make sense to me that a new owner would want to install its own people.

Not really. It's not the fraternity culture you seem to think it is. If he is thought to be doing a poor job, they look for a suitable replacement, not their "own people." And I think it's a bit early to say anything about Rubin's performance. It may be that he was a part of making sure this deal happened. Hard to know.

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commonoutlier

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Edited By commonoutlier

Man, I would have been bummed if Metro: Last Light was cancelled...I've been waiting for that game for far too long for it to just disappear...so I'm very selfishly pleased to hear that this will not affect its development.

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FMinus

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Edited By FMinus

Relic alone is worth ten times the 60 million...

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ArtisanBreads

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Edited By ArtisanBreads

Save Relic! If they have to go, I hope they actually go to... SEGA. How weird is that.

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Mr_Skeleton

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Edited By Mr_Skeleton

@FMinus said:

Relic alone is worth ten times the 60 million...

So 600 million? I doubt that.

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Cerevisiae

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Edited By Cerevisiae

It felt inevitable, really. I hope jobs can be spared and the games I'm looking forward to from them continue on in good hands.

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kurtkless

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Edited By kurtkless

wonder how much they made off that humble bundle....

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ArtisanBreads

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Edited By ArtisanBreads

@Mr_Skeleton said:

@FMinus said:

Relic alone is worth ten times the 60 million...

So 600 million? I doubt that.

Uh yeah you definitely should doubt that.

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wmoyer83

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Edited By wmoyer83
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pweidman

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Edited By pweidman

Sounds like THQ did what they had to do. 60 million seems like a very small number though.

Hopefully some of these devs find a more stable home at some point, especially Relic.

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reisz

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Edited By reisz

This seems really shitty on the surface but it's much better to do what needs to be done now, while they still have control rather than keep going ass they have for the past few years. I'm glad to see (in mybusiness ignorant eyes) a sensible move like this in the face of so many closures.

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Dan_CiTi

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Edited By Dan_CiTi

Hopefully next year is a big hit for them, then maybe they can get through this. It is nice to think they have a chance to even sort get out of the mess they're in. It always sucks to see huge debt numbers like that for anyone.

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cornbredx

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Edited By cornbredx

I don't know why but this really sucks. I guess maybe its because these days they publish decent to great games (even though in the past they kind of just made middling to shit games). 
60 million dollars is a real bummer deal. Like, really? No one thinks any of their IPs are worth anything?

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MrKlorox

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Edited By MrKlorox

Get out of here Stalker.
 
No, but seriously, I'm glad things aren't as completely fucked as they could be.

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RedRavN

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Edited By RedRavN

Man this is mega depressing news. THQ deserves better than this considering they have a great lineup of games that should have been more sucessful. I would have thought that saints row 3's success would have been enough to hold them. Its wierd that THQ was having so much trouble considering most of their recent games have been quite sucessful with a few exceptions like red faction armageddon and homefront (which I thought acually sold quite well). I guess they really did themselves in with that piece of shit U-draw tablet.

I hope the new owners will turn things around financially without slowly ruining the games like EA has done. Heres hoping a company like Valve(could totally happen) picks them up instead.

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Mamba219

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Edited By Mamba219

Great, they're now owned by financial pirates who will benefit more from the company's failure than its success. I wouldn't hang my hat on their recovery.

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SomeDeliCook

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Edited By SomeDeliCook

I still want that FPS Avengers game =(

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Sticky_Pennies

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Edited By Sticky_Pennies

Well, Merry Christmas, I suppose.

I hope this ends up being good news in the end.

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probablytuna

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Edited By probablytuna

Sounds like good news to me.

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HerbieBug

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Edited By HerbieBug

whoa nelly!

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Edited By vigorousjammer

Alright, sounds good! Seems like I don't have to worry about Saints Row: the Fourth, South Park, or that new Metro game. THQ has went from being a middling games publisher back in the PS2/Xbox era, and has continually been getting better and better. I'll definitely be buying some of the games they put out, and I wish them all the best from this new acquisition.

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jking47

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Edited By jking47

Metro Last Light better get released. Dammit I like THQ, hope this allows them to stay afloat.

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Berserker6666

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Edited By Berserker6666

Someone better not screw up Company of Heroes 2.

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smiddy

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Edited By smiddy

Throughout all this my main concern has always been Relic. They are a fantastic studio and went through some shit once before with Sierra. I just want more of their particular brand of games because I've loved every one of them.

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BlatantNinja23

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Edited By BlatantNinja23

Well this sucks, but hopefully this creates a much smarter THQ because it's obvious that people weren't doing their jobs correctly. Bad decisions all around. Probably doesn't help that it kinda seems like every team they have is still working on something for quite awhile, what's the last couple games that are finished and actually able to ship and make money on?

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FMinus

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Edited By FMinus

@ArtisanBreads said:

@Mr_Skeleton said:

@FMinus said:

Relic alone is worth ten times the 60 million...

So 600 million? I doubt that.

Uh yeah you definitely should doubt that.

Figure of speech, meaning - it's best thing THQ has and should be handled that way.

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Damolition

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Edited By Damolition

I love a good Alex Navarro article.

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guardinnome

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Edited By guardinnome

THQ is a good publisher, I hope they do better under new ownership though.

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napalm

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Edited By napalm

@FMinus said:

Figure of speech, meaning - [Relic is] the best thing THQ has and should be handled that way.

I always find it funny when somebody puts one developer under THQ on a pedestal and goes, "nah, man, these guys will SAVE THQ! No man, you're not listening! These guys can DO IT!"

And they continue to name off a franchise or series that like twelve people played and say that's how it'll be done. *makes farty noise with tongue*

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teekomeeko

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Edited By teekomeeko

Okay, okay... I'm on board with the "this may just be THQs saving move" bandwagon. Lord knows they need it, and man does their next year or so of games look too good for them to just vanish.

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dropabombonit

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Edited By dropabombonit

Thanks UDraw

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SteveR667

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Edited By SteveR667

So the creditors get screwed over, that's great. I wonder how much tax they owe that has been wrote off.

This isn't how bankruptcy is supposed to work. Are companies under any obligation to try and resolve issues with their creditors before filling for chapter 11?

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VargasPrime

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Edited By VargasPrime

@SteveR667 said:

So the creditors get screwed over, that's great. I wonder how much tax they owe that has been wrote off.

This isn't how bankruptcy is supposed to work. Are companies under any obligation to try and resolve issues with their creditors before filling for chapter 11?

Technically yes, since actually getting the reorganization plan approved requires the consent of the creditors in the first place. So chances are that most, if not all, of THQ's creditors were OK with the company filing Chapter 11 and having time to restructure.

It doesn't magically make their debt disappear, it just forestalls any attempts to collect that debt and allows the company time to regroup. At least that's how I understand it, I'm not an expert by any means.

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admanb

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Edited By admanb

@Napalm said:

@FMinus said:

Figure of speech, meaning - [Relic is] the best thing THQ has and should be handled that way.

I always find it funny when somebody puts one developer under THQ on a pedestal and goes, "nah, man, these guys will SAVE THQ! No man, you're not listening! These guys can DO IT!"

And they continue to name off a franchise or series that like twelve people played and say that's how it'll be done. *makes farty noise with tongue*

It's more that they're studios that make quality, profitable games. They just don't make games profitable enough to cover THQ's disasters.

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napalm

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Edited By napalm

@admanb said:

@Napalm said:

@FMinus said:

Figure of speech, meaning - [Relic is] the best thing THQ has and should be handled that way.

I always find it funny when somebody puts one developer under THQ on a pedestal and goes, "nah, man, these guys will SAVE THQ! No man, you're not listening! These guys can DO IT!"

And they continue to name off a franchise or series that like twelve people played and say that's how it'll be done. *makes farty noise with tongue*

It's more that they're studios that make quality, profitable games. They just don't make games profitable enough to cover THQ's disasters.

From what I understand, it was uDraw that basically sunk them.

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viking_funeral

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Edited By viking_funeral

@cannonballBAM said:

The list of american publishers is dwindling.

EA, Activision, Take-Two, Microsoft, Valve... oh, and THQ. They're still around. And that's just the big boys.

Honestly, for better or worse, American publishers are still dominating market sales right now.

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LordAndrew

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Edited By LordAndrew

@warley said:

Fifth!

This post best reflects my feelings on this matter.