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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+

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darthslughorn

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Edited By darthslughorn

Thank god THQ is owned by the group that also owns the Jacuzzi brand and Buy.com. A good sign, due to the turnaround success of these brands.

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FesteringNeon

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Edited By FesteringNeon

@Napalm said:

@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.

I've purchased 2 sets.. I might pick up more. Who knows what they'll be worth sealed one day... :/ Probably $5? maybe..

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CaptRocketblaze

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Edited By CaptRocketblaze

Saints Row is all that matters. Save it, world... pay no heed to the cost.

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FMinus

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Edited By FMinus

@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*

Way to put words in my mouth.

I'm not saying Relic will save THQ, I'm just hoping Relic doesn't end up gone in the whole process that THQ is going through. Out of all the studios under THQ, Relic is the one that makes games that I like the most and so far they haven't disappointed. Volitions Freespace was great, Red Faction and Saints Row I can do without, same for Darksiders and Vigil, altho I wish all of them the best possible scenario. That said, back to your argument, I think Relic nets THQ the most cash out of all studios. 40k has a lot of fans, and Relic is the de-facto Warhammer 40k developer, CoH sold a ton, so did Homeworld, they are highly regarded among the RTS community and if we would to lose Relic, it would be a tragedy on the scale of losing Rockstar or Epic.

Also I think most if not all Relic games were profitable, doesn't mean its games alone can save THQ. It's the same deal with GM and Opel. Opel selling quite fine over here in Europe, but is being dragged down by GMs other manufacturers and bad numbers, thus getting closed.

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DukesT3

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Edited By DukesT3

Damn, was kind of hoping Rubin could save this company.

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ronneyfan05

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Edited By ronneyfan05

this is not a done deal, a "stalking horse" makes it more likely but the court still has to agree that there is not a better option for the creditors.

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Ghostiet

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Edited By Ghostiet

Stay classy with your zingers, Alex.

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monkeyking1969

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Edited By monkeyking1969

I hope in ten years the *new* THQ is laughing and saying, "Wow that was close, but it all worked out. We kept our people working, we went on to make/published some sick games, and it all worked out for the best."

Other developers (or publishers) I would care less about. But, it seems like THQ just got knee-capped by the uDraw and then could not recover fast enough to keep ahead of debt. Sure, it was their choice and uDraw was dumb idea for teh other consoles. Yet, I can understand it how that choice could have been made. In the end I just would hope people keep their jobs and things can turn around.

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metalmoog

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Edited By metalmoog

This doesn't surprise me at all. If their track record of releasing broken games like the WWF/WWE franchise shows it's no wonder they aren't doing well financially. Maybe it means people have wised up and don't buy into their sub-par mediocre product anymore? Release a WWE game that works online and isn't plagued with lag and you might be more successful. When I see THQ on a game, it usually means I'm in for a decent game with some good ideas but some game breaking issues that will have me quit playing it and trade it in shortly. I usually avoid anything by THQ altogether.

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silentxero

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Edited By silentxero

Man, this has been such a tough year on game developers and studios. First 38 Studios, massive layoffs all over other developers and now THQ. Wow, this really sucks. I hope they can reorganize and keep their developers employed.

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Sooty

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Edited By Sooty

@Viking_Funeral said:

@cannonballBAM said:

The list of american publishers is dwindling.

American publishers are still dominating market sales right now.

Call of Duty and Madden go a long way apparently.

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leebmx

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Edited By leebmx

@jta04: Delayed reply, not been on the 'bomb for a bit. But thanks that was exactly what I wanted to know. So basically if I understand you right these Clearlake guys have come along and said to the creditors that we will pay 60mil for THQ and give you (the creditors) 10mil if you let THQ go Chap11 and renegociate the debt (the details of which I guess are not known.

I suppose to the creditors its a good deal because they get some money now (is that the $10mil?) and the prospect of more because THQ has been taken over by someone with slightly deeper pockets who might make a better fist of things in the long run as opposed to letting everything go tits up now and having to fight over meagre scraps after the secured people have got theirs?