OnLive’s alternative to bankruptcy: just what is an Assignment for the Benefit of Creditors?

OnLive's alternative to bankruptcy just what is an Assignment for the Benefit of Creditors

The news is out. OnLive, Inc. is no more, having cut the bulk of its workforce loose and used an Assignment for the Benefit of Creditors (ABC) to absolve itself of massive debts incurred by the expansion of its services without a corresponding increase in its customer base. But what is this alternative to filing for bankruptcy, and why did OnLive choose this particular legal reset button to start over? We spoke with an expert on the matter, Martin Pichinson, co-founder and managing member of Sherwood Partners (which does two or three ABCs in a given week), to help educate us on this little-known tool used by companies irrevocably in the red.

Continue reading OnLive’s alternative to bankruptcy: just what is an Assignment for the Benefit of Creditors?

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OnLive’s alternative to bankruptcy: just what is an Assignment for the Benefit of Creditors? originally appeared on Engadget on Sat, 18 Aug 2012 13:00:00 EDT. Please see our terms for use of feeds.

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SlashGear Evening Wrap-Up: August 17, 2012

Friday has come and gone, which means that the weekend is here once again. The latest iPhone 5 rumors have propelled Apple’s stock to its highest point ever, and it turns out the company’s funds will go toward helping tap a recently-discovered underground river in Crook County, Oregon. Earlier today we saw a picture of what was reported to be the Samsung Galaxy Note II, but later on in the day Daniel YU informed everyone that it was just his mock-up used without his permission. That’s disappointing, but his mock-up looks great, so be sure to check that out.


According to Lenovo, Windows RT tablets could cost $300 less than Windows 8 tablets, and it appears that Yahoo is on the lookout for a new COO. After discovering a glitch with digital signatures earlier in the week, Microsoft is once again publishing Windows Phone apps, and Twitter’s new API update restricts some third-party apps, so watch out for that. UK retailer Clove is reporting that the black Samsung Galaxy S III will be out in October, and a new Samsung Galaxy Tab 2 bundle comes packed with bonuses that students are going to find hard to resist.

There’s a particularly nasty Trojan dubbed “Shamoon” that’s making the rounds, and in some rather surprising news from the day, it seems that OnLive is shutting down today. OnLive executives said throughout the day that everything with the company is fine, but later, more evidence that supports such a shutdown surfaced. Not good. Both models of the Nexus 7 are now in stock again on the Google Play store, and third parties were right there to begin pushing all sorts of accessories for it, while we’re hearing rumors that claim Apple’s set-top box will come with cloud DVR and a simple UI.

The beta for Steam’s upcoming Big Picture Mode will be kicking off at the beginning of next month, and HP is getting serious about tackling the consumer tablet division (or at least trying to again). The iPad Mini – and future iPad iterations for that matter – will apparently be getting a special ITO film, and Warren Spector is really pushing for Epic Mickey on the Xbox 360 and PS3, but he needs your help in convincing Disney.

Finally tonight, we have a number of original articles for you to peruse. Don Reisinger asks if there will one day be a universal gaming console, Ben Kersey has SlashGear’s review of The Expendables 2, and Chris Burns has a hands-on with the Motorola PHOTON Q. Enjoy your weekend, folks!


SlashGear Evening Wrap-Up: August 17, 2012 is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


OnLive hits reset after being dragged down by expensive servers, confirms service will continue

OnLive has finally issued an official statement after rumors of mass layoffs first leaked out earlier today, confirming that its assets have been acquired into a newly-formed company with what it claims is “substantial” financial backing. The big news for users is that the OnLive Game and Desktop services will remain operational and continue to be supported. The release also claims a “large percentage” of OnLive staff is being hired into the new company with plans to hire more over time, while PR informs us the leadership team remains intact. Check the words straight from the source after the break.

We’ve heard from some of the people present for the meeting where the new plan was revealed today, confirming the company is going through a process known as Assignment for the Benefit of Creditors (ABC). A faster alternative to bankruptcy that doesn’t involve the courts, it allows OnLive to deal with some of the issues it was facing, most notably an oversupply of servers for the number of users it had signed up. The ABC process allows OnLive to be unshackled from the expensive server contracts and bring in a new source of venture capital. Oh and that other major cost, the employees? Not all of the information is known yet, but beyond the loss of jobs, it turns out the stock they owned was in a company that no longer exists. We’re hearing their benefits will end after August, however there are offers of contracts to answer questions about important topics like “where things are,” in exchange for special form stock in the new venture.

Update: Joystiq has more information from a former employee, who estimated the average number of peak concurrent OnLive users at around 1,800 or so, and the amount of retained staff in the range of 20 percent. One other tidbit? The source expects OnLive to go after recent Sony acquisition Gaikai for infringement of a game streaming patent, so stay tuned.

Continue reading OnLive hits reset after being dragged down by expensive servers, confirms service will continue

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OnLive hits reset after being dragged down by expensive servers, confirms service will continue originally appeared on Engadget on Fri, 17 Aug 2012 20:06:00 EDT. Please see our terms for use of feeds.

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More evidence for OnLive shutdown surfaces (UPDATE: OnLive confirms sale)

Earlier today, we brought you news of an imminent OnLive shutdown. According to sources inside the company, today is OnLive‘s last day of existence, but the company itself is denying that it’s in any trouble. It’s very confusing, but new evidence has been presented that suggests everything is not okay like OnLive’s executives would have us believe.


Kotaku has spoken to a source from within the company, who says that OnLive has filed for a special alternative to bankruptcy that exists in California. Called Assignment for the Benefit of Creditors, it affords some protection from creditors to broke companies. This employee also says that everyone at the company has been laid off, though some of them will be returning soon to start a new business from the ashes of OnLive.

Over at Gamasutra, we hear a lot of the same. Gamasutra confirms that all of OnLive’s employees have been laid off, and that the mass lay off occurred this morning. OnLive officials are still being intentionally short when answering questions too, never saying much more than “everything is fine” or something to that effect.

It’s been a very up and down day when it comes to OnLive news. On the one hand, we have employees saying that the company is shutting down, while PR and executives are saying that nothing is wrong. Whatever the real story is, something is clearly going on behind the scenes at OnLive. Whether that’s simply a round of layoffs, a company-wide shutdown, or the formation of a new company is currently up in the air, so keep it here at SlashGear for more information as this story develops.

Update: OnLive confirms that it has indeed been sold to a “newly-formed company” The Verge reports. OnLive says in an email that all of its services and partnerships will continue on as normal, and that this company will be “hiring a large percentage of OnLive, Inc.’s staff across all departments and plans to continue to hire substantially more people, including additional OnLive employees.” Apparently, the reason why OnLive executives were being so vague and short in statements throughout the day is because they weren’t allowed to comment on the deal until it had been completed. OnLive did not name the company that has purchased it.

So there you have it: OnLive has been sold, a lot of people get to keep their jobs, and there is no planned interruption for any of OnLive’s services or partnerships.


More evidence for OnLive shutdown surfaces (UPDATE: OnLive confirms sale) is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Source: OnLive undergoing buyout in wake of dire financials, laying off ‘at least 50 percent’ of staff

After a lot of back and forth from the rumor mill and official OnLive channels, we now have what we believe to be a far clearer view of precisely what is happening right now at OnLive headquarters in Palo Alto. We’ve spoken with a (now former) employee of the gaming service who ran down today’s events for us. According to the account, a meeting was held at OnLive’s offices at 10AM this morning, wherein the company’s CEO announced a massive staff layoff — at least 50 percent of the staff, according to our source’s numbers. The layoffs come as part of across the board cuts to the company, and all those out of a job will have their key cards deactivated as of 4PM local time today. The source was understandably baffled by the abruptness of the news, along with the added blow that no severance will be offered and stock holdings are essentially worth nothing.

The move apparently comes as OnLive is being purchased by an unknown party. Those being kept on have reportedly received offer letters from the new company. Why the sudden move? The source believes it may have something to do with the company’s massive operating costs, which we’re told are around $5 million a month. Certainly those concerns line up with a story dug up by Kotaku highlighting the company’s plans to file for Assignment for the Benefit of Creditors as a result of the company’s troubled financial situation. We’re still gathering information as to the nature of the buyout.

Update: According to our source, the writing wasn’t on the wall at the company per se, but OnLive had reportedly been entertaining acquisition offers ahead of the news from companies including HP.

Update 2: Our source has offered up some additional information on the matter, putting the average concurrent user number for the service at 1,100 to 1,500, peaking at around 1,800 on a given day — not exceptional by any means in the face of reported $5 million a month operating costs. The number of layoffs, meanwhile, may well be greater than originally suggested, with our source putting the number of employees staying on board at around 10 to 20 percent.

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Source: OnLive undergoing buyout in wake of dire financials, laying off ‘at least 50 percent’ of staff originally appeared on Engadget on Fri, 17 Aug 2012 17:47:00 EDT. Please see our terms for use of feeds.

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Source: OnLive Found A Buyer, Cleaned House To Reduce Liability Prior To Acquisition (UPDATED)

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We’re hearing from a reliable source that OnLive’s founder and CEO Steve Perlman finally decided to make an exit — and in the process, is screwing the employees who helped build the company and brand. The cloud gaming company reportedly had several suitors over the last few years (perhaps including Microsoft) but Perlman reportedly held tight control over the company, apparently not wanting to sell or share any of OnLive’s secret sauce.

Our source tells us that the buyer wants all of OnLive’s assets — the intellectual property, branding, and likely patents — but the plan is to keep the gaming company up and running. However, OnLive management cleaned house today, reportedly firing nearly the entire staff, and we hear it was done just to reduce the company’s liability, thus reducing employee equity to practically zero. Yeah, it’s a massive dick move.

OnLive hit the gaming world hard when it launched in 2009. Promising playable games there were lag free, OnLive moved gaming to the cloud. The service took some time to gain traction but finally hit its stride last year with the addition of several top-tier titles. It was rumored in June that even Microsoft considered buying the company. Some even thought OnLive would be a good fit within Sony — until Sony bought OnLive competitor Gaikai last month instead.

“Sony Computer Entertainment will deliver a world-class cloud-streaming service” Andrew House, president and group CEO of SCE said last month. Sony paid $380M for Gaikai, a cloud gaming company with nearly zero brand recognition. OnLive could have gone for a lot more.

For an upstart cloud gaming service, OnLive has done relatively well for itself. The company initially outed only one cloud gaming console, but quickly embraced others. The software works with most Android tablets, ships preinstalled on Vizio TVs (and its new Co Star Google TV), and is available for the iPad and computer desktops.

We reached out to OnLive for comment but the company will neither confirm nor deny the claim. All the PR rep was willing to say was that the aforementioned Vizio Co Star launches today. The company also would not comment on the layoffs but Martyn Williams tweeted seeing OnLive staffers leaving their office carry boxes. These people likely just lost their jobs and equity prior to OnLive’s exit.

Update: OnLive provided TechCrunch the statement below. Like earlier reports suggested, it sounds like OnLive Inc. was dissolved and a new company, OnLive Inc 2 or something of the sort, will continue in its place and is likely backed by new investors. The statement indicates that “a large percentage of OnLive Inc.’s staff” will be hired by this new company, which will then hire more people. But there’s no word on if the original employees completely lost their equity. No matter how OnLive spins this move, it’s still looks shady to me.

We can now confirm that the assets of OnLive, Inc. have been acquired into a newly-formed company and is backed by substantial funding, and which will continue to operate the OnLive Game and Desktop services, as well as support all of OnLive’s apps and devices, as well as game, productivity and enterprise partnerships. The new company is hiring a large percentage of OnLive, Inc.’s staff across all departments and plans to continue to hire substantially more people, including additional OnLive employees. All previously announced products and services, including those in the works, will continue and there is no expected interruption of any OnLive services.

We apologize that we were unable to comment on this transaction until it completed, and were limited to reporting on news related to OnLive’s businesses. Now that the transaction is complete, we are able to make this statement.


OnLive layoff rumor rages while company denies shutdown

This afternoon there’s been a rumor spread like wildfire across the gaming universe that the group known as OnLive has been shut down, all of its employees fired in the process. A comment from Brian Jaquet, OnLive’s Director of Corporate Communications, suggested that though they have no further comment, he wanted to make one thing known: “let me be clear. We are not going out of business.”

This comment was all that Forbes contributor Jason Evangelho was able to get out of the OnLive official aside from the basic “thanks for the note, we do not have a comment.” OnLive has not made any comment on the possibility of layoffs, whether they actually exist or not. They’ve also still left open the possibility of a purchase from on high. If another company has acquired OnLive, it would be easy to see how a rumor might spread that employees would be turned out quickly.

Earlier today, the rumor went something like this: Mashable appears to have been the first to receive the tip that an email was being sent out to news groups and partners from employees of the company:

“I wanted to send a note that by the end of the day today, OnLive as an entity will no longer exist. Unfortunately, my job and everyone was included. A new company will be formed and the management of the company will be in contact with you about the current initiatives in place.” – supposed OnLive employees

Now we must wait to see if OnLive will bring on a more extensive statement on the current status of their company and their employees. We’re expecting this situation to mostly be made up of bits of rumor and phone-game sorts of here-say, but you never know! Stick around on SlashGear to hear more as we find out!


OnLive layoff rumor rages while company denies shutdown is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Did OnLive Just Shutter Its Cloud Gaming Service and Fire All Its Employees? [Cloud]

Michael McWhertor over at Polygon is reporting that OnLive, best known for its cloud gaming service (and also it’s ‘streaming’ version of Windows), is closing up shop and giving all its employees the boot. More »

OnLive reportedly shutting down, new company forming in its wake (update: OnLive says ‘of course not’)

Well, here’s a bit of a shocker. After a strong showing at E3 and partnerships with companies like OUYA, gaming service OnLive is reportedly closing down, with an entire staff layoff resulting. At a glance, this sure feels a lot like the similar rise and fall of InstantAction, which was attempting to pull off something similar with cloud-based gaming. Polygon is reporting the story as relayed to the site by game developer Brian Fargo. We’ve reached out to the company and received a non-comment comment, “We don’t respond to rumors and have no comment.” Our OnLive contact also used the opportunity to plug its Google TV tie-ins and few giveaways — so, for the moment at least, things seem to be moving along as usual.

Update: Joystiq has reached out for comment as well, getting a similar, yet decidedly more blunt response: “We don’t respond to rumors, but of course not.” Blunt response or no, we’re sure this isn’t the last we’ll be hearing about this one.

Update 2: We reached out to OnLive again for clarification on whether the denial pertained to both the shutdown and layoff rumors. The response reads thusly: “I have no comment on the news other than to say the OnLive service is not shutting down. I’m sorry I cannot be more specific.

Update 3: Martyn Williams from IDG has reported there are employees leaving the OnLive offices with moving boxes.

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OnLive reportedly shutting down, new company forming in its wake (update: OnLive says ‘of course not’) originally appeared on Engadget on Fri, 17 Aug 2012 15:14:00 EDT. Please see our terms for use of feeds.

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OUYA to get OnLive gameplay at launch, console’s full controller gets pictured

Ouya to get get OnLive at launch, console's full controller gets pictured

Some happy news for the many who’ve already plunked down their hard earned cash on OUYA — the Android-based gaming console will be getting streaming gaming courtesy of the folks at OnLive. The prospective console maker broke the news on its Kickstarter page, noting that the experience will also include 30 minute free demos of “nearly every game” in its library, including Ravaged and Darksiders II. Also, some news for those wondering if the other side of the console’s controller was a radical departure [see above]. Check out a press release detailing the OnLive partnership after the break. Oh, and for those of you keeping track: the Kickstarter page is currently at a whopping $5.5 million pledged, with a dozen days left.

Continue reading OUYA to get OnLive gameplay at launch, console’s full controller gets pictured

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OUYA to get OnLive gameplay at launch, console’s full controller gets pictured originally appeared on Engadget on Fri, 27 Jul 2012 10:04:00 EDT. Please see our terms for use of feeds.

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