Conditional Nature of Transaction. The Acquired Company acknowledges and understands that it is a condition to the REIT’s obligations to close the transactions contemplated hereby that the other Kite IPO Transactions shall have occurred (or are occurring simultaneously with the Closing), that the occurrence of any of the other Kite IPO Transactions is wholly within the sole and absolute discretion of the REIT and its affiliates, and that the Acquired Company has no right to force any of the other Kite IPO Transactions to occur, on any terms.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust)
Conditional Nature of Transaction. The Acquired Company acknowledges and understands that it is a condition to the REIT’s 's obligations to close the transactions contemplated hereby that the other Kite IPO Transactions shall have occurred (or are occurring simultaneously with the Closing), that the occurrence of any of the other Kite IPO Transactions is wholly within the sole and absolute discretion of the REIT and its affiliates, and that the Acquired Company has no right to force any of the other Kite IPO Transactions to occur, on any terms.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kite Realty Group Trust)
