Common use of Acquisition Process Clause in Contracts

Acquisition Process. In the event that Kite Realty elects to accomplish the transfer of the LLC Interest through the Member Interest Acquisition: (i) the Exercise Notice shall specify that Kite Realty elects to effectuate the Member Interest Acquisition pursuant to this Section 5.2; (ii) subject to this Section 5.2, the provisions of Article III shall govern the Member Interest Acquisition; (iii) the purchase price to be paid by Kite Realty for the Member Interests shall be equal to the Acquisition Consideration for the LLC Interest as calculated in accordance with Section 3.1, subject to the adjustments in Section 5.2(b), with each Member entitled to receive such Member’s pro rata share of such Acquisition Consideration based on such Member’s percentage interest in Optionor (as set forth in Exhibit B); (iv) subject to Section 3.1(f), the Member Interests shall be conveyed, and the Closing Date of such acquisition shall occur, within the later of (a) 15 days after the last day of the month immediately following the month in which the Exercise Notice is delivered or (b) 45 days after the determination of the FMV of the Property at the time in accordance with Section 3.1; and (v) on or prior to the Closing Date, subject to Section 3.1(f), the Members, Optionor and Kite Realty shall execute and deliver the closing documentation described on Exhibit C hereto regarding the Member Interest Acquisition, and, thereafter, the Members, Optionor and Kite Realty shall additionally acknowledge, execute, deliver and/or file (as the case may be) any and all other documents, agreements or instruments reasonably necessary or appropriate to effectuate the Member Interest Acquisition in accordance with the terms of this Agreement.

Acquisition Process. In the event that Kite Realty elects to accomplish the transfer of the LLC Partnership Interest through the Member Interest Acquisition: (i) the Exercise Notice shall specify that Kite Realty elects to effectuate the Member Interest Acquisition pursuant to this Section 5.2; (ii) subject to this Section 5.2, the provisions of Article III shall govern the Member Interest Acquisition; (iii) the purchase price to be paid by Kite Realty for the Member Interests shall be equal to the Acquisition Consideration for the LLC Partnership Interest as calculated in accordance with Section 3.1, subject to the adjustments in Section 5.2(b), with each Member entitled to receive such Member’s pro rata share of such Acquisition Consideration based on such Member’s percentage interest in Optionor (as set forth in Exhibit B); (iv) subject to Section 3.1(f), the Member Interests shall be conveyed, and the Closing Date of such acquisition shall occur, within the later of (a) 15 days after the last day of the month immediately following the month in which the Exercise Notice is delivered or (b) 45 days after the determination of the FMV of the Property at the time in accordance with Section 3.1; and (v) on or prior to the Closing Date, subject to Section 3.1(f), the Members, Optionor and Kite Realty shall execute and deliver the closing documentation described on Exhibit C hereto regarding the Member Interest Acquisition, and, thereafter, the Members, Optionor and Kite Realty shall additionally acknowledge, execute, deliver and/or file (as the case may be) any and all other documents, agreements or instruments reasonably necessary or appropriate to effectuate the Member Interest Acquisition in accordance with the terms of this Agreement.

Acquisition Process. In the event that Kite Realty elects to accomplish the transfer of the LLC Interest through the Member Interest Acquisition: (i) the Exercise Notice shall specify that Kite Realty elects to effectuate the Member Interest Acquisition pursuant to this Section 5.2; (ii) subject to this Section 5.2, the provisions of Article III shall govern the Member Interest Acquisition; (iii) the purchase price to be paid by Kite Realty for the Member Interests shall be equal to the Acquisition Consideration for the LLC Interest as calculated in accordance with Section 3.13.1(b), subject to the adjustments in Section 5.2(b), with each Member entitled to receive such Member’s 's pro rata share of such Acquisition Consideration based on such Member’s 's percentage interest in Optionor (as set forth in Exhibit B); (iv) subject to Section 3.1(f), the Member Interests shall be conveyed, and the Closing Date of such acquisition shall occur, within the later of (a) 15 days after the last day of the month immediately following the month in which the Exercise Notice is delivered or (b) 45 days after the determination of the FMV of the Property at the time Acquisition Consideration in accordance with Section 3.1; and (v) on or prior to the Closing Date, subject to Section 3.1(f), the Members, Optionor and Kite Realty shall execute and deliver the closing documentation described on attached hereto as Exhibit C hereto D regarding the Member Interest Acquisition, and, thereafter, the Members, Optionor and Kite Realty shall additionally acknowledge, execute, deliver and/or file (as the case may be) any and all other documents, agreements or instruments reasonably necessary or appropriate to effectuate the Member Interest Acquisition in accordance with the terms of this Agreement.

Acquisition Process. In the event that Kite Realty elects to accomplish the transfer of the LLC Partnership Interest through the Member Interest Acquisition: (i) the Exercise Notice shall specify that Kite Realty elects to effectuate the Member Interest Acquisition pursuant to this Section 5.2; (ii) subject to this Section 5.2, the provisions of Article III shall govern the Member Interest Acquisition; (iii) the purchase price to be paid by Kite Realty for the Member Interests shall be equal to the Acquisition Consideration for the LLC Partnership Interest as calculated in accordance with Section 3.13.1(b), subject to the adjustments in Section 5.2(b), with each Member entitled to receive such Member’s 's pro rata share of such Acquisition Consideration based on such Member’s 's percentage interest in Optionor (as set forth in Exhibit B); (iv) subject to Section 3.1(f), the Member Interests shall be conveyed, and the Closing Date of such acquisition shall occur, within the later of (a) 15 days after the last day of the month immediately following the month in which the Exercise Notice is delivered or (b) 45 days after the determination of the FMV of the Property at the time Acquisition Consideration in accordance with Section 3.1; and (v) on or prior to the Closing Date, subject to Section 3.1(f), the Members, Optionor and Kite Realty shall execute and deliver the closing documentation described on attached hereto as Exhibit C hereto D regarding the Member Interest Acquisition, and, thereafter, the Members, Optionor and Kite Realty shall additionally acknowledge, execute, deliver and/or file (as the case may be) any and all other documents, agreements or instruments reasonably necessary or appropriate to effectuate the Member Interest Acquisition in accordance with the terms of this Agreement.