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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.

--------

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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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?

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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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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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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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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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Ghostiet

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Edited By Ghostiet

Stay classy with your zingers, Alex.

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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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DukesT3

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Edited By DukesT3

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

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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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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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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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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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LordAndrew

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Edited By LordAndrew

@warley said:

Fifth!

This post best reflects my feelings on this matter.

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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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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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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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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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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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dropabombonit

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Edited By dropabombonit

Thanks UDraw

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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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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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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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Damolition

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Edited By Damolition

I love a good Alex Navarro article.

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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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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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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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Berserker6666

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Edited By Berserker6666

Someone better not screw up Company of Heroes 2.

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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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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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HerbieBug

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Edited By HerbieBug

whoa nelly!

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probablytuna

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Edited By probablytuna

Sounds like good news to me.

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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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SomeDeliCook

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Edited By SomeDeliCook

I still want that FPS Avengers game =(

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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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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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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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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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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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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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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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wmoyer83

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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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kurtkless

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Edited By kurtkless

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

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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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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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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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FMinus

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Edited By FMinus

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

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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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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.