UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
Form 10-Q/A
(Amendment No. 1)
 
(Mark One)
x
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 
For the quarterly period ended June 30, 2009
OR
o
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 
For the transition period from ______ to ______
 
Commission File Number: 000-28318
 
Multimedia Games, Inc.
(Exact name of Registrant as specified in its charter)
 
Texas
74-2611034
(State or other jurisdiction of incorporation or organization)
(IRS Employer Identification No.)

206 Wild Basin Road South, Building B, Fourth Floor
 
Austin, Texas
78746
(Address of principal executive offices)
(Zip Code)

(512) 334-7500
(Registrant’s telephone number, including area code)
 
Registrant’s website: www.multimediagames.com
 
None
(Former name, former address and former fiscal year, if changed since last report)
 
Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days:         Yes ý  No ¨
 
 
Indicate by check mark whether the Registrant has submitted electronically and posted on its corporate website, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Section 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files):Yes ¨  No ¨
 
Indicate by check mark whether the Registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company.  See the definitions of “large accelerated filer” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act:
 
 
Large Accelerated Filer ¨
Accelerated Filer ý
     
 
Non-Accelerated Filer ¨
Smaller Reporting Company ¨
 
Indicate by check mark whether the Registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨  No ý
 
As of September 25, 2009, there were 27,217,370 shares of the Registrant’s common stock, par value $0.01 per share, outstanding.
 

 
EXPLANATORY NOTE

This Quarterly Report on Form 10-Q/A (Amendment No. 1) is being filed by Multimedia Games, Inc. (the “Company”) to amend the Company’s Quarterly Report on Form 10-Q for the nine months ended June 30, 2009 (the “Initial Form 10-Q”).  Part II, Item 6 is being amended solely to refile Exhibit 10.1, for which confidential treatment was requested from the Securities and Exchange Commission, to include information that was previously redacted pursuant to the confidential treatment request.  Exhibit 10.1 hereto supersedes in its entirety Exhibit 10.1 previously filed on the Initial Form 10-Q.  Other than disclosing information that was previously redacted, the exhibit filed on this Form 10-Q/A remains unchanged from the original exhibit filed on the Initial Form 10-Q.  The Company is no longer seeking confidential treatment for any portion of the exhibit.

 
ITEM 6.      EXHIBITS
 
(a) 
Exhibits
 
See Exhibit Index.
 

 
SIGNATURES
 
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
 
  Multimedia Games, Inc.  
       
Date: September 28, 2009
By:
/s/ Adam D. Chibib    
    Adam D. Chibib  
    Chief Financial Officer  
       
                                                                           
 
Mr. Chibib is signing as an authorized officer and as our Principal Financial Officer and Principal Accounting Officer.
 

 
EXHIBIT INDEX

EXHIBIT NO.
TITLE
 
LOCATION
 
3.1
Amended and Restated Articles of Incorporation
 
(1)
 
3.2
Amendment to Articles of Incorporation
 
(2)
 
3.3
Second Amended and Restated Bylaws, as Amended
 
(3)
 
10.1
Settlement Agreement, effective as of May 1, 2009, by and among the Company, Diamond Game Enterprises, Inc., and those parties listed therein
 
(*)
 
31.1
Certification of Principal Executive Officer, pursuant to Section 302 of the Sarbanes Oxley Act of 2002
 
(*)
 
31.2
Certification of Principal Accounting Officer, pursuant to Section 302 of the Sarbanes Oxley Act of 2002
 
(*)
 
32.1
Certification as required by Section 906 of the Sarbanes Oxley Act of 2002
 
(4)
__________________
(1)
Incorporated by reference to our Form 10-QSB filed with the Securities and Exchange Commission, or SEC, for the quarter ended June 30, 1997.
 
(2)
Incorporated by reference to our Form 10-Q filed with the SEC for the quarter ended December 31, 2003.
 
(3)
Incorporated by reference to our Form 10-K filed with the SEC on December 15, 2008.
 
(4)
Incorporated by reference to our Form 10-Q filed with the SEC on August 10, 2009.
 
(*)
Filed herewith