OnLive's Breakdown Gets Detailed: New Company Formed, Hiring Prior Staff

The OnLive saga continues. While the story really isn't glowing for the employees involved, we're now learning a bit more on how the company will continue on in the days, months and perhaps years ahead. The cloud-based gaming company announced the following: "On August 17th all of its assets were acquired by a newly formed company that will continue to operate under the OnLive name." Strange, no? OnLive is a new company, but the name remains the same. In fact, most people who aren't following the ins and outs of technology news may never know the difference. And honestly, that's the goal. Under the circumstances, no actual services should be disrupted.  OnLive's current initiatives will continue as well, with major announcements of new products and services planned in the coming weeks and months. An affiliate of Lauder Partners was the first investor in the newly-structured company, and the new owners have expressed interested in continuing OnLive's goals.

Instead of filing for a conventional bankruptcy, OnLive selected an Assignment for the Benefit of Creditors. The assignee of the company's assets then sold all of OnLive, Inc.'s assets (including its technology, intellectual property, etc.) to the new company. And apparently, under an ABC arrangement, none of the shares nor the staff were eligible for transfer. And that's the pain point. Around half of OnLive's staff "were given  employment offers by the new company at their current salaries immediately upon the transfer, and the non-hired staff will be given offers to do consulting in return for options in the new company. Upon closing additional funding, the company plans to hire more staff, both former OnLive employees as well as new employees." Thankfully, that's a bit of brighter news.

Below is a FAQ provided by the new OnLive regarding the who fiasco.

Q. Will users see any change in the OnLive Game or Desktop Services? What about their purchases?

A. Users should see no change in the OnLive Game or Desktop Services. All of their purchases remain intact and available. OnLive has been up 24/7 since launch over two years ago and expects to remain so. OnLive has over 2.5 million subscribers, with an active base of over 1.5 million subscribers, connecting from a vast range of devices and networks, with many sessions running for hours. The user base is growing rapidly with OnLive's addition into recently announced devices and TVs from major manufacturers. We expect this growth to continue under the new company.

Q. Is there any cash or stock in the new company provided for any OnLive, Inc. shares?

A. Unfortunately not. The nature of the transaction is such that only assets, not shares, were purchased. This is true for all shares of OnLive, Inc., whether held by investors, employees or executives.

Q. Did Steve Perlman receive stock or compensation in this transaction?

A. Like all shareholders, neither Steve nor any of his companies received any stock in the new company or compensation in this transaction at all. Steve is receiving no compensation whatsoever and most execs are receiving reduced compensation to allow the company to hire as many employees as possible within the current budget.

Q. Did all OnLive, Inc. assets transfer into the new company? Are any assets held by any other party?

A. All of OnLive, Inc.'s assets (e.g. technology, patents, trademarks, etc.) were transferred to an assignee, which then sold the assets to the new company. There was no transfer to any other party.

Q. Have OnLive, Inc. employees been offered positions in the new company?

A. Almost half of OnLive's staff were offered employment at their current salaries in the new company immediately upon the transfer, and the non-hired staff will be given offers to do consulting in return for options in the new company. Upon closing additional funding, the company plans to hire more staff, both former OnLive employees as well as new employees.