Footwear and sportswear retailer The Finish Line has filed a court order calling on Genesco to provide it with access to financial data and personnel so that it can decide to progress with the stalled $1.5bn acquisition of the clothing and hat firm.

It also wants Genesco to declare judgment of whether a "company material adverse effect" has occurred after it filed an unexpected second quarter loss of $4.2m in August.

In its filing, The Finish Line says that Genesco has so far refused to comply with requests to provide certain financial data, and that until it does so it "is a breach of the merger agreement."

Finish Line's filing on Friday (29 September) is in response to action taken a week earlier by Genesco, which is seeking a court order to close the merger agreement.

Genesco claims Finish Line and its bankers, UBS Loan Finance LLC and UBS Securities LLC, are looking for a way out of the deal, "because the upheaval in the credit markets makes this deal less profitable for them."

Finish Line and UBS could be forced to close the deal unless they can prove Genesco has suffered a "material adverse" change in value. However, Genesco has repeatedly said that no "material adverse effect" has occurred.

The transaction has been scheduled to close this week, and would give a combined company with annual revenues of around $2.8bn and 2,870 retail stores.