Common use of Acquisition is Treated as Contribution Clause in Contracts

Acquisition is Treated as Contribution. If the Acquisition Consideration consists in whole or in part of Units, the transfer, assignment and exchange contemplated by this Agreement shall constitute a “Capital Contribution” to Kite Realty pursuant to Article IV of the LLC Agreement and is intended to be governed by Section 721(a) of the Code, and the parties agree to report this transaction consistent with such treatment.

Acquisition is Treated as Contribution. If the Acquisition Consideration consists in whole or in part of Units, the transfer, assignment and exchange contemplated by this Agreement shall constitute a “Capital Contribution” to Kite Realty pursuant to Article IV of the LLC Partnership Agreement and is intended to be governed by Section 721(a) of the Code, and the parties agree to report this transaction consistent with such treatment.

Acquisition is Treated as Contribution. If the Acquisition Consideration consists in whole or in part of Units, the transfer, assignment and exchange contemplated by this Agreement shall constitute a “"Capital Contribution” " to Kite Realty pursuant to Article IV of the LLC Partnership Agreement and is intended to be governed by Section 721(a) of the Code, and the parties agree to report this transaction consistent with such treatment.

Acquisition is Treated as Contribution. If the Acquisition Consideration consists in whole or in part of Units, the transfer, assignment and exchange contemplated by this Agreement shall constitute a “"Capital Contribution” " to Kite Realty pursuant to Article IV of the LLC Agreement and is intended to be governed by Section 721(a) of the Code, and the parties agree to report this transaction consistent with such treatment.