This excerpt taken from the FL 8-K filed May 21, 2009.
Form of Collateral Access Agreement
________________________ ______ , 2009
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ____________________ , a _______________ (the Landlord), executes this waiver in favor of BANK OF AMERICA, N.A., as collateral agent (in such capacity, the Collateral Agent) for its own benefit and the benefit of certain other lenders (the Lenders) which are making loans or furnishing other financial accommodations to [Foot Locker, Inc., a corporation organized and existing under the laws of the State of New York] (the Tenant)1 pursuant to (i) that certain Credit Agreement dated as of March 20, 2009 (as amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time, the Credit Agreement) by, among others, the Tenant, certain of the Tenants affiliates, the Lenders and the Collateral Agent, and (ii) the other Loan Documents (as such term is defined in the Credit Agreement).
WHEREAS, the Landlord owns real property located at ______________________ (collectively, the Leased Premises), which real property the Landlord leases to the Tenant pursuant to that certain [Lease Agreement] dated as of [ _____________ ] (as amended and in effect as of the date hereof, the Lease).
WHEREAS, the Tenant has entered into certain loan arrangements with the Collateral Agent and the Lenders, pursuant to which the Collateral Agent and the Lenders have agreed to make loans or furnish other financial accommodations to the Tenant.
WHEREAS, loans and financial accommodations under the loan arrangement will be secured by, among other things, certain of the Tenants present and after acquired assets, including, without limitation, the Tenants inventory, books and records, and equipment located, and to be located, upon the Leased Premises (the Collateral).
WHEREAS, in order to induce the Collateral Agent and the Lenders to make loans or furnish other financial accommodations to the Tenant, the Landlord hereby represents, warrants, covenants and agrees as follows:
[signature page follows]
Dated as of the date above first written.
Signature Page to Collateral Access Agreement