INDEMNIFICATION AGREEMENTIndemnification Agreement • February 27th, 2015 • Kite Realty Group Trust • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is entered into as of February 27, 2015, by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), Kite Realty Group, L.P., a Delaware limited partnership (the “Operating Partnership” and together with the Company, the “Indemnitors”), and Gerald W. Grupe (the “Indemnitee”). This Agreement shall be effective for all purposes as of July 1, 2014, the date on which the Indemnitee was elected a member of the Board of Trustees of the Company,
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 20, 2007 by and among KITE REALTY GROUP, L.P., as Borrower, KITE REALTY GROUP TRUST, as Parent, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, WACHOVIA BANK NATIONAL ASSOCIATION, as...Credit Agreement • February 23rd, 2007 • Kite Realty Group Trust • Real estate investment trusts • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of February 20, 2007, by and among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (the “Parent”), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 13.5.(d), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), WACHOVIA BANK NATIONAL ASSOCIATION, as Syndication Agent (the “Syndication Agent”), and KEYBANC CAPITAL MARKETS and WACHOVIA CAPITAL MARKETS, LLC as Co-Lead Arrangers (the “Arrangers”).
CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • October 20th, 2006 • Kite Realty Group Trust • Real estate investment trusts • New York
KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), and KITE REALTY GROUP, L.P., a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership”), confirm their agreement (this “Agreement”) with Cantor Fitzgerald & Co. (“CF&Co”), as follows:
TERM LOAN AGREEMENT Dated as of July 15, 2008 by and among KITE REALTY GROUP, L.P., as Borrower, KITE REALTY GROUP TRUST, as Parent, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, KEYBANC CAPITAL MARKETS, as Lead Arranger and THE FINANCIAL...Term Loan Agreement • August 22nd, 2008 • Kite Realty Group Trust • Real estate investment trusts • New York
THIS TERM LOAN AGREEMENT (this “Agreement”) dated as of July 15, 2008, by and among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (the “Parent”), KeyBank National Association and each of the other financial institutions initially or hereafter becoming a signatory hereto together with their assignees pursuant to Section 13.5.(d) (the “Lenders”), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the “Agent”), and KEYBANC CAPITAL MARKETS, as Lead Arranger (the “Arranger”).
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 4th, 2015 • Kite Realty Group Trust • Real estate investment trusts • New York
ALVIN E. KITE, JR. EMPLOYMENT AGREEMENTEmployment Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of August 16, 2004, by and between KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), and Alvin E. Kite, Jr. (the “Executive”).
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 4th, 2015 • Kite Realty Group Trust • Real estate investment trusts • New York
Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), and Kite Realty Group, L.P., a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership” and together with the Company, the “Transaction Entities”), each confirms its agreement (this “Agreement”) with Raymond James & Associates, Inc. (“Raymond James”), as follows:
32,000,000 Shares KITE REALTY GROUP TRUST Common Shares of Beneficial Interest UNDERWRITING AGREEMENTUnderwriting Agreement • November 12th, 2013 • Kite Realty Group Trust • Real estate investment trusts • New York
Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), and Kite Realty Group, L.P., a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership”), each wishes to confirm as follows its agreement with the Underwriters named in Schedule 1 hereto (the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 9 of this Agreement) for whom Merrill Lynch, Pierce, Fenner & Smith Incorporated, KeyBanc Capital Markets Inc., Barclays Capital Inc. and Wells Fargo Securities, LLC are acting as the representatives (the “Representatives”), with respect to the sale by the Company and the purchase by the Underwriters, acting severally and not jointly (the “Offering”), of an aggregate of 32,000,000 shares (the “Firm Shares”) of the Company’s common shares of beneficial interest, par value $0.01 per share (the “Common Shares”). In addition, the Company proposes to grant to the U
Executive Employment AgreementExecutive Employment Agreement • December 31st, 2020 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of December 29, 2020, by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), and John A. Kite (the “Executive”) and shall be effective as of December 31, 2020 (the “Effective Date”).
KITE REALTY GROUP, L.P. (a Delaware limited partnership) KITE REALTY GROUP TRUST (a Maryland real estate investment trust)Registration Rights Agreement • March 22nd, 2021 • Kite Realty Group Trust • 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 Barclays Capital Inc., BofA Securities, Inc. and KeyBanc Capital Markets Inc. (the “Representatives”) are acting as the representatives, its 0.75% Exchangeable Senior Notes due 2027 (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 March 17, 2021 (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 into the Purchase Agreement
AGREEMENT AND PLAN OF MERGER AMONG KITE REALTY GROUP TRUST KRG MAGELLAN, LLC AND INLAND DIVERSIFIED REAL ESTATE TRUST, INC. DATED AS OF FEBRUARY 9, 2014Agreement and Plan of Merger • February 11th, 2014 • Kite Realty Group Trust • Real estate investment trusts • Maryland
THIS AGREEMENT AND PLAN OF MERGER, dated as of February 9, 2014 (this “Agreement”), is by and among Kite Realty Group Trust, a Maryland real estate investment trust that has elected to be treated as a real estate investment trust for federal income tax purposes (“Parent”), KRG Magellan, LLC, a Maryland limited liability company and a wholly-owned subsidiary of Parent (“Merger Sub”), and Inland Diversified Real Estate Trust, Inc., a Maryland corporation that has elected to be treated as a real estate investment trust for federal income tax purposes (“Company”). Each of Parent, Merger Sub and Company is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article 1.
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of April 5, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “REIT”), KRG Construction, LLC, an Indiana limited liability company (the “Limited Liability Company”) and Kite Construction, Inc, an Indiana corporation (the “Acquired Company”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 20, 2007 by and among KITE REALTY GROUP, L.P., as Borrower, KITE REALTY GROUP TRUST, as Parent, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, WACHOVIA BANK NATIONAL ASSOCIATION, as...Credit Agreement • November 9th, 2010 • Kite Realty Group Trust • Real estate investment trusts • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of February 20, 2007, by and among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (the “Parent”), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 13.5.(d), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), WACHOVIA BANK NATIONAL ASSOCIATION, as Syndication Agent (the “Syndication Agent”), and KEYBANC CAPITAL MARKETS and WACHOVIA CAPITAL MARKETS, LLC as Co-Lead Arrangers (the “Arrangers”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 11th, 2014 • Kite Realty Group Trust • Real estate investment trusts
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of February 9, 2014, by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and Daniel R. Sink (the “Executive”).
DANIEL R. SINK FORM OF NONCOMPETITION AGREEMENTForm of Noncompetition Agreement • July 26th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS NONCOMPETITION AGREEMENT (this “Agreement”) is entered into as of , 2004 by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and Daniel R. Sink (the “Executive”).
KITE REALTY GROUP, L.P. as Issuer KITE REALTY GROUP TRUST as REIT AND as Trustee INDENTURE Dated as of 22, 2021Indenture • March 22nd, 2021 • Kite Realty Group Trust • Real estate investment trusts • New York
INDENTURE dated as of March 22, 2021 among KITE REALTY GROUP, L.P., a Delaware limited partnership, as issuer (the “Company,” as more fully set forth in Section 1.01 hereof), KITE REALTY GROUP TRUST, a Maryland corporation (the “REIT,” as more fully set forth in Section 1.01 hereof), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01 hereof).
FORM OF OPTION AGREEMENT (Erskine Village)Form of Option Agreement • July 26th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS OPTION AGREEMENT (this “Agreement”) is made as of , 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Kite South Bend, LLC, an Indiana limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).
PURCHASE AND SALE AGREEMENT BETWEEN U.S. RETAIL INCOME FUND VIII-E, LIMITED PARTNERSHIP (“SELLER”) AND KRG DEVELOPMENT, LLC (“BUYER”) FOR PLAZA VOLENTE SHOPPING CENTER, AUSTIN, TEXAS March 3, 2005Purchase and Sale Agreement • May 26th, 2005 • Kite Realty Group Trust • Real estate investment trusts • Georgia
THIS PURCHASE AND SALE AGREEMENT (the “Agreement”), made and entered into this 3rd day of March, 2005, by and between U.S. RETAIL INCOME FUND VIII-D, LIMITED PARTNERSHIP, a Delaware limited partnership (“Seller”), and KRG DEVELOPMENT, LLC, an Indiana limited liability company (“Purchaser”).
CONSULTING AGREEMENTConsulting Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
This CONSULTING AGREEMENT (this “Agreement”), is made and entered into as of August 16, 2004, by and between Kite Realty Group, L.P., a Delaware limited partnership (the “OP”), and Paul W. Kite (“Paul Kite”).
16,300,000 Shares KITE REALTY GROUP TRUST Common Shares of Beneficial Interest UNDERWRITING AGREEMENTUnderwriting Agreement • July 26th, 2004 • Kite Realty Group Trust • Real estate investment trusts • New York
Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), intending to qualify for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the “Code”), and Kite Realty Group, L.P., a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership”), each wishes to confirm as follows its agreement with the Underwriters named in Schedule 1 hereto (the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 9 of this Agreement) for whom Lehman Brothers Inc. and Wachovia Capital Markets, LLC are acting as representatives (the “Representatives”), with respect to the sale by the Company and the purchase by the Underwriters, acting severally and not jointly (the “Offering”), of an aggregate of 16,300,000 shares (the
FORM OF AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF KITE REALTY GROUP, L.P.Kite Realty Group Trust • July 7th, 2004 • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of , 2004, is entered into by and among Kite Realty Group Trust, a Maryland real estate investment trust, as the General Partner, and the Persons whose names are set forth on the Partner Registry (as hereinafter defined) as Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.
FORM OF OPTION AGREEMENT (126th Street & Meridian II Medical Complex)Option Agreement • July 7th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS OPTION AGREEMENT (this "Agreement") is made as of , 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership ("Kite Realty"), Kite 126th Street Medical II, LLC, an Indiana limited liability company ("Optionor") and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a "Member" and, collectively, the "Members").
SPRINGING GUARANTYSpringing Guaranty • July 8th, 2014 • Kite Realty Group Trust • Real estate investment trusts • New York
THIS SPRINGING GUARANTY (the “Guaranty”) dated as of July 1, 2014, executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”) in favor of (a) KEYBANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Fourth Amended and Restated Credit Agreement dated as of July 1, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Kite Realty Group, L.P. (the “Borrower”), the financial institutions party thereto and their assignees under Section 13.5. thereof (together with the Issuing Lender and the Swingline Lender, collectively, the “Lenders”), the Agent, and the other parties thereto, and (b) the Lenders.
ALVIN E. KITE, JR. NONCOMPETITION AGREEMENTNoncompetition Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS NONCOMPETITION AGREEMENT (this “Agreement”) is entered into as of August 16, 2004 by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and Alvin E. Kite, Jr. (the “Executive”).
Dated: JANUARY 12, 2024 KITE REALTY GROUP, L.P. UNDERWRITING AGREEMENTUnderwriting Agreement • January 17th, 2024 • Kite Realty Group Trust • Real estate investment trusts • New York
Kite Realty Group, L.P., a Delaware limited partnership (the “Operating Partnership”), the sole general partner of which is Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), wishes to confirm as follows its agreement with the underwriters named in Schedule 1 hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 9 of this underwriting agreement, this “Agreement”) for whom J.P. Morgan Securities LLC, Wells Fargo Securities, LLC and PNC Capital Markets LLC are acting as the representatives (the “Representatives”), with respect to the sale by the Operating Partnership and the purchase by the Underwriters, acting severally and not jointly (the “Offering”), of $350,000,000 aggregate principal amount of the Operating Partnership’s 5.500% Senior Notes due 2034 (the “Notes”). Contingent upon the occurrence of certain conditions set forth in the Indenture (as defined below), the Compa
OPTION AGREEMENT (Tarpon Springs Plaza)Option Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS OPTION AGREEMENT (this “Agreement”) is made as of August 16, 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Brentwood Land Partners, LLC, a Delaware limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Maryland
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of August 16, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), Alvin E. Kite, Jr., John A. Kite, Paul W. Kite, Thomas K. McGowan, Daniel R. Sink, George F. McMannis, IV, Mark Jenkins, C. Kenneth Kite, David Grieve and KMI Holdings, LLC.
OPTION AGREEMENT (126th Street & Meridian II Medical Complex)Option Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS OPTION AGREEMENT (this “Agreement”) is made as of August 16, 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Kite 126th Street Medical II, LLC, an Indiana limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).
PURCHASE AND SALE AGREEMENTService Agreement • September 22nd, 2014 • Kite Realty Group Trust • Real estate investment trusts • Indiana
This PURCHASE AND SALE AGREEMENT (the “Agreement”) is made and entered into as of the 16th day of September, 2014 (the “Effective Date”), by and among INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Buyer”), and the entities set forth on Exhibit A attached hereto and incorporated herein (each, a “Seller” and collectively, “Sellers”).
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
This AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is entered into as of August 10, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “REIT”), KRG Development, LLC, an Indiana limited liability company (the “Limited Liability Company”) and Kite Development Corporation (the “Acquired Company”).
SECOND AMENDMENT TO CONTRACT OF SALEContract of Sale • September 7th, 2004 • Kite Realty Group Trust • Real estate investment trusts
THIS SECOND AMENDMENT TO CONTRACT OF SALE (“Amendment”) by and between PARKLANE/CEDAR HILL, LTD., a Texas limited partnership (“Seller”), and KITE CAPITAL, LLC, an Indiana limited liability company (“Purchaser”), is made and entered into this 30th day of June, 2004 (“Effective Date”).
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement and General Release • July 2nd, 2018 • Kite Realty Group Trust • Real estate investment trusts • Indiana
This SEPARATION AGREEMENT AND GENERAL RELEASE (the “Agreement”), effective as of the Effective Date (as defined below in Section 5(f)), is made and entered into by and between Kite Realty Group Trust, a Maryland real estate investment trust (together with its subsidiaries and affiliates, the “Company”), and Daniel R. Sink (“Executive”).
OPTION AGREEMENT (Erskine Village)Option Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana
THIS OPTION AGREEMENT (this “Agreement”) is made as of August 16, 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Kite South Bend, LLC, an Indiana limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • August 22nd, 2008 • Kite Realty Group Trust • Real estate investment trusts
This First Amendment to Term Loan Agreement (the “Amendment”) is made as of August 18, 2008, by and among Kite Realty Group, L.P. (the “Borrower”), KeyBank National Association, individually as the “Original Lender” and as the “Agent,” and Raymond James Bank, individually as a Lender, (“Raymond James”) and Royal Bank of Canada, individually as a Lender (“RBC”) (collectively, Raymond James and RBC are referred to herein as the “New Lenders”).
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • March 4th, 2013 • Kite Realty Group Trust • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT AGREEMENT (this “Amendment”) made as of the 26th day of February, 2013, by and among KITE REALTY GROUP, L.P., a Delaware limited partnership (“Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (“REIT”), the Subsidiaries executing below as Guarantors (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
