Kixeye shareholders sue Stillfront for $30M over earnout dispute

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Kixeye shareholders have filed a lawsuit in opposition to Stillfront Group over $30 million in a disputed earnout cost associated to its acquisition.

Fortis Advisors, a vendor consultant appearing on behalf of Kixeye’s shareholders, filed the lawsuit right this moment in Delaware’s Chancery Court docket. In it, Kixeye alleges that Stillfront intentionally breached a merger settlement over a $30 million “earnout,” or a bonus to be paid if Kixeye hit sure milestones. The lawsuit provides a window into usually personal negotiations between firms.

We’ve requested Stockholm, Sweden-based Stillfront for a remark. In June 2019, Stillfront purchased Kixeye for $90 million in an settlement that had an earnout of $30 million based mostly on Kixeye’s anticipated monetary efficiency for 2019.

Kixeye made fashionable real-time technique video games for cell units and PCs. The titles included video games similar to Conflict Commander: Rogue Assault, Battle Pirates, Conflict Commander, and Vega Battle.


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Fortis accused Stillfront of performing some inventive accounting that made Kixeye’s outcomes look worse than they really had been in an allegedly unhealthy religion try and evade the earnout cost.

Below the unique deal, Stillfront didn’t purchase all of Kixeye. Kixeye deliberate to spin off operations associated to the unreleased sport Kingdom Maker, which was nonetheless underneath improvement.

The earnout could be based mostly on a non-GAAP measure of monetary efficiency dubbed adjusted EBITDA (earnings earlier than curiosity, taxes, depreciation, and amortization). Stillfront allegedly retroactively “readjusted” or deliberately manipulated its pre-merger bills, making all of it however not possible for Kixeye to hit its earnout goal.

Stillfront additionally allegedly dramatically minimize spending on Kixeye’s video games after the merger, though it had described the video games as steady and worthwhile earlier than that. Previous to the acquisition, Kixeye had greater than 70 million distinctive customers.

In January 2020, Stillfront introduced it had laid off the Kingdom Maker crew, eliminating about 20 jobs. However it’s not clear why they mentioned that, because the Kingdom Maker crew moved over to World Worldwide the place it continues on the sport.


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