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FL » Topics » EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

This excerpt taken from the FL 8-K filed May 21, 2008.
EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Section 25. Inconsistent Agreements. The parties hereto agree that (i) in the case of any conflict arising in any proceeding arising out of or relating to this Agreement and brought in a Federal court of the United States or in a court sitting in any State of the Unites States (including without limitation New York State) between the provisions of this Agreement and the provisions of any additional pledge agreement entered into by any Obligor pursuant to this Agreement, the provisions of this Agreement shall govern and (ii) in the case of any conflict arising in any proceeding arising out of or relating to any Pledged Equity Interests of any Issuer that is a Foreign Subsidiary and brought in a court in the jurisdiction in which such Issuer is incorporated between the provisions of this Agreement and the provisions of any additional pledge agreement entered into by any Obligor with respect to such Pledged Equity Interests pursuant to this Agreement and by

 


 

its terms governed by the laws of such jurisdiction, the provisions of such additional pledge agreement shall govern.

 


 

 

IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Pledge Agreement to be duly executed by their respective authorized officers as of the day and year first above written.

 

FOOT LOCKER, INC.

By:

 

Name:

Title:

 

EASTBAY, INC.

FOOT LOCKER.COM, INC.

FOOT LOCKER AUSTRALIA, INC.

FOOT LOCKER STORES, INC.

ROBBY’S SPORTING GOODS, INC.

TEAM EDITION APPAREL, INC.

FOOT LOCKER CORPORATE SERVICES, INC.

FOOT LOCKER HOLDINGS, INC.

FOOT LOCKER RETAIL, INC.

FOOT LOCKER SOURCING, INC.

FOOT LOCKER SPECIALTY, INC.

FOOT LOCKER OPERATIONS, LLC

FOOT LOCKER NEW ZEALAND, INC.

FL EUROPE HOLDINGS, INC.

FL SPECIALTY OPERATIONS LLC

FL RETAIL OPERATIONS LLC

FL CANADA HOLDINGS, INC.

FOOT LOCKER ASIA, INC.

FL CORPORATE NY, LLC

FL RETAIL NY, LLC

FL SPECIALTY NY, LLC

 

 

By:

 

Name:

Title:

 

 

 


 

 

 

BANK OF AMERICA, N.A., as
Administrative Agent

By:

 

Name:

Title:

 

 

 


 

 

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