Apparently, struggling publisher Midway has more than just Warner Bros. bidding on its remaining assets. After last week's announcement of WB's $33 million dollar offer to acquire the lion's share of Midway's properties, Midway released a statement today detailing the process and, in so many words, is allowing for larger bids. "Midway recently announced a stalking horse asset purchase agreement, which is expected to receive court approval, subject to higher or better bids, in a hearing on June 2, 2009," reads the statement. Additionally, all remaining assets owned by Midway are available for bidding as well -- including the TNA Wrestling franchise not included in the WB bid -- until the court-supervised auction takes place on June 29th.
Midway's Geoff Mogilner told Joystiq this afternoon that today's release "doesn't change that agreement [with WB]" and either side will suffer financial penalties for backing out. He also noted that the acquisition has no effect on the development teams employed by Midway as "people aren't assets." Yet, Geoff. Yet. Seriously though, he told us that any bidder wishing to acquire development teams would have to engage in a "separate acquisition" and any winning bidder on Midway's assets won't take on any of the massive debt the company is currently weighed down by. He also noted that the recipient(s) of the money from this auction have yet to be decided. Standing in line for a payout are a laundry list of creditors along with mystery man Mark Thomas.