Common use of Kite Realty’s Right to Assignment Clause in Contracts

Kite Realty’s Right to Assignment. Kite Realty may not assign the Option or the right of first refusal granted pursuant to Article IV hereby without Optionor’s prior written consent, which consent may be conditioned, withheld or delayed in Optionor’s sole and absolute discretion; provided, that Kite Realty may assign the Option or the right of first refusal granted pursuant to Article IV hereby without Optionor’s consent to (i) the REIT, (ii) any direct or indirect controlled affiliate of the REIT or Kite Realty or (iii) any entity into which Kite Realty has merged or otherwise is the result of a business combination directly involving Kite Realty.

Kite Realty’s Right to Assignment. Kite Realty may not assign the Option or the right of first refusal granted pursuant to Article IV hereby without Optionor’s 's prior written consent, which consent may be conditioned, withheld or delayed in Optionor’s 's sole and absolute discretion; provided, that Kite Realty may assign the Option or the right of first refusal granted pursuant to Article IV hereby without Optionor’s 's consent to (i) the REIT, (ii) any direct or indirect controlled affiliate of the REIT or Kite Realty or (iii) any entity into which Kite Realty has merged or otherwise is the result of a business combination directly involving Kite Realty.