Common use of Title to the Member Interests; No Agreements to Sell Clause in Contracts

Title to the Member Interests; No Agreements to Sell. Each Member owns beneficially and of record, free and clear of any Encumbrances, and has full power and authority to convey free and clear of any Encumbrances, the Member Interests listed on Exhibit B hereto as owned by such Member, except (i) Encumbrances created in favor of Kite Realty by the transactions contemplated hereby, (ii) Encumbrances that are extinguished at or prior to the Closing Date, and (iii) Encumbrances relating to the Project Indebtedness or any Entity Indebtedness. Other than this Agreement, such Member is not currently a party to any agreement to sell, transfer or otherwise encumber or dispose of, and has no obligation (absolute or contingent) to sell, the Member Interests owned by such Member. Each Member covenants and agrees not to encumber such Member’s Member Interests during the Option Term except in connection with the Project Indebtednessand any Entity Indebtedness.

Title to the Member Interests; No Agreements to Sell. Each Member owns beneficially and of record, free and clear of any Encumbrances, and has full power and authority to convey free and clear of any Encumbrances, the Member Interests listed on Exhibit B hereto as owned by such Member, except (i) Encumbrances created in favor of Kite Realty by the transactions contemplated hereby, (ii) Encumbrances that are extinguished at or prior to the Closing Date, and (iii) Encumbrances relating to the Project Indebtedness or any Entity Indebtedness. Other than this Agreement, such Member is not currently a party to any agreement to sell, transfer or otherwise encumber or dispose of, and has no obligation (absolute or contingent) to sell, the Member Interests owned by such Member. Each Member covenants and agrees not to encumber such Member’s 's Member Interests during the Option Term except in connection with the Project Indebtednessand Indebtedness and any Entity Indebtedness.

Title to the Member Interests; No Agreements to Sell. Each Member owns beneficially and of record, free and clear of any Encumbrances, and has full power and authority to convey free and clear of any Encumbrances, the Member Interests listed on Exhibit B hereto as owned by such Member, except (i) Encumbrances created in favor of Kite Realty by the transactions contemplated hereby, (ii) Encumbrances that are extinguished at or prior to the Closing Date, and (iii) Encumbrances relating to the Project Indebtedness or any Entity Indebtedness. Other than this Agreement, such Member is not currently a party to any agreement to sell, transfer or otherwise encumber or dispose of, and has no obligation (absolute or contingent) to sell, the Member Interests owned by such Member. Each Member covenants and agrees not to encumber such Member’s Member Interests during the Option Term except in connection with the Project Indebtednessand Indebtedness and any Entity Indebtedness.