Common use of Termination and Abandonment by the REIT Clause in Contracts

Termination and Abandonment by the REIT. The REIT shall have the right to terminate this Agreement and abandon the Merger at any time prior to the filing of the Articles of Merger, before or after approval by the Shareholders or the REIT, as sole member of the Limited Liability Company, following the occurrence of any of the following events: (i) the determination by the REIT, in its sole and absolute discretion, not to proceed with the Kite IPO Transactions; (ii) the determination by the REIT, in its sole and absolute discretion, not to proceed with the Merger on the terms outlined herein; or (iii) at any time on or after January 1, 2005, for any reason.

Termination and Abandonment by the REIT. The REIT shall have the right to terminate this Agreement and abandon the Merger at any time prior to the filing of the Articles of Merger, before or after approval by the Shareholders Shareholder or the REIT, as sole member of the Limited Liability Company, following the occurrence of any of the following events: (i) the determination by the REIT, in its sole and absolute discretion, not to proceed with the Kite IPO Transactions; (ii) the determination by the REIT, in its sole and absolute discretion, not to proceed with the Merger on the terms outlined herein; or (iii) at any time on or after January 1, 2005, for any reason.