0001104659-26-080362 Sample Contracts
KITE REALTY GROUP, L.P. (a Delaware limited partnership) KITE REALTY GROUP TRUST (a Maryland real estate investment trust) REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 2nd, 2026 • Kite Realty Group, L.P. • Real estate investment trusts • New York
Kite Realty Group, L.P., a Delaware limited partnership (the “Operating Partnership”), proposes to issue and sell to certain purchasers (the “Initial Purchasers”), for whom Goldman Sachs & Co. LLC, BofA Securities, Inc., J.P. Morgan Securities LLC and Wells Fargo Securities, LLC are acting as the representatives (the “Representatives”), its 3.25% Exchangeable Senior Notes due 2032 (the “Notes”), upon the terms set forth in the Purchase Agreement by and among the Operating Partnership, Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), and the Representatives, dated as of June 29, 2026 (the “Purchase Agreement”), relating to the initial placement (the “Initial Placement”) of the Notes. In certain circumstances, the Notes will be exchangeable for common shares of beneficial interest, $0.01 par value, of the Company (the “Common Shares”) in accordance with the terms of the Notes and the Indenture (as defined below). To induce the Initial Purchasers to enter
KITE REALTY GROUP, L.P. as Issuer KITE REALTY GROUP TRUST as REIT AND as Trustee INDENTURE Dated as of July 2, 2026Indenture • July 2nd, 2026 • Kite Realty Group, L.P. • Real estate investment trusts • New York
To: Kite Realty Group, L.P.Capped Call Transaction Confirmation • July 2nd, 2026 • Kite Realty Group, L.P. • Real estate investment trusts • New York
This Confirmation evidences a complete and binding agreement between Dealer and Counterparty as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall be subject to an agreement (the “Agreement”) in the form of the 2002 ISDA Master Agreement as if Dealer and Counterparty had executed an agreement in such form on the Trade Date (but without any Schedule except for (i) the election of the laws of the State of New York as the governing law (without reference to choice of law doctrine other than New York General Obligations Law Section 5-1401), and (ii) the election that the “Cross Default” provisions of Section 5(a)(vi) of the Agreement shall apply to Dealer, (a) with a “Threshold Amount” of 3% of the shareholders’ equity of [Dealer] [Dealer Parent] on the Trade Date, (b) “Specified Indebtedness” having the meaning set forth in Section 14 of the Agreement, except that it shall not include any obligation in respect of deposits received in the ordinary c