INDEMNIFICATION AGREEMENTIndemnification Agreement • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is entered into as of October 22, 2021, by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), Kite Realty Group, L.P., a Delaware limited partnership (the “Operating Partnership” and together with the Company, the “Indemnitors”), and Steven P. Grimes (the “Indemnitee”). This Agreement shall be effective for all purposes as of October 22, 2021, the date on which the Indemnitee was elected a member of the Board of Trustees of the Company,
KITE REALTY GROUP, L.P., as Issuer — and — as TrusteeIndenture • September 27th, 2016 • Kite Realty Group, L.P. • Real estate investment trusts • New York
AGREEMENT AND PLAN OF MERGER BY AND AMONG KITE REALTY GROUP TRUST, KRG OAK, LLC AND RETAIL PROPERTIES OF AMERICA, INC. DATED AS OF JULY 18, 2021Merger Agreement • July 19th, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • Maryland
THIS AGREEMENT AND PLAN OF MERGER, dated as of July 18, 2021 (this “Agreement”), is by and among Kite Realty Group Trust, a Maryland real estate investment trust that has elected to be treated as a real estate investment trust for federal income tax purposes (“Parent”), KRG Oak, LLC, a Maryland limited liability company and a wholly-owned subsidiary of Parent (“Merger Sub”), and Retail Properties of America, Inc., a Maryland corporation that has elected to be treated as a real estate investment trust for federal income tax purposes (“Company”). Each of Parent, Merger Sub and Company is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article 1.
AMENDED AND RESTATED SPRINGING GUARANTYSpringing Guaranty • October 8th, 2024 • Kite Realty Group, L.P. • Real estate investment trusts
THIS AMENDED AND RESTATED SPRINGING GUARANTY (the “Guaranty”) dated as of October 3, 2024, executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”), in favor of (a) KEYBANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Term Loan Agreement dated as of October 25, 2018, as amended by that certain First Amendment to Term Loan Agreement dated as of December 21, 2022 and that certain Second Amendment to Term Loan Agreement (the “Second Amendment”) dated as of even date herewith (as the same may be further amended, restated, supplemented or otherwise modified from time to time, the “Term Loan Agreement”), by and among Kite Realty Group, L.P. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.3 thereof (collectively, the “Lenders”), the Agent, and the other parties thereto, and (b) the Lenders.
SECOND AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • October 8th, 2024 • Kite Realty Group, L.P. • Real estate investment trusts
This Term Loan Agreement (the “Agreement”) dated as of October 25, 2018, is among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), KEYBANK NATIONAL ASSOCIATION, a national banking association, and the several banks, financial institutions and other entities from time to time parties to the Agreement (collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
THIRD AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 8th, 2024 • Kite Realty Group, L.P. • Real estate investment trusts
This Sixth Amended and Restated Credit Agreement (the “Agreement”) dated as of July 8, 2021, is among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (successor by merger to Retail Properties Of America, Inc., a corporation organized under the laws of the State of Maryland) (thethe “Borrower”), KEYBANK NATIONAL ASSOCIATION, a national banking association, and the several banks, financial institutions and other entities from time to time parties to the Agreement (collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
Dated: AUGUST 13, 2024 KITE REALTY GROUP, L.P. UNDERWRITING AGREEMENTUnderwriting Agreement • August 15th, 2024 • Kite Realty Group, L.P. • Real estate investment trusts • New York
Kite Realty Group, L.P., a Delaware limited partnership (the “Operating Partnership”), the sole general partner of which is Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), wishes to confirm as follows its agreement with the underwriters named in Schedule 1 hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 9 of this underwriting agreement, this “Agreement”) for whom Wells Fargo Securities, LLC , BofA Securities, Inc. and U.S. Bancorp Investments, Inc. are acting as the representatives (the “Representatives”), with respect to the sale by the Operating Partnership and the purchase by the Underwriters, acting severally and not jointly (the “Offering”), of $350,000,000 aggregate principal amount of the Operating Partnership’s 4.950% Senior Notes due 2031 (the “Notes”). Contingent upon the occurrence of certain conditions set forth in the Indenture (as defined below), the Co
KITE REALTY GROUP TRUST 2013 EQUITY INCENTIVE PLAN 2016 OUTPERFORMANCE PLAN LTIP UNIT AGREEMENT COVER SHEETLtip Unit Agreement • February 3rd, 2016 • Kite Realty Group, L.P. • Real estate investment trusts
advisors to assist him, her, or it in protecting his, her, or its interests, and (III) is capable of bearing the economic risk of such investment.
FIRST AMENDED AND RESTATED SPRINGING GUARANTYSpringing Guaranty • July 29th, 2016 • Kite Realty Group, L.P. • Real estate investment trusts
THIS FIRST AMENDED AND RESTATED SPRINGING GUARANTY (the “Guaranty”) dated as of July 28, 2016, executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”) in favor of (a) KEYBANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Fifth Amended and Restated Credit Agreement dated as of July 28, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Kite Realty Group, L.P. (the “Borrower”), the financial institutions party thereto and their assignees under Section 13.5. thereof (together with the Issuing Lender and the Swingline Lender, collectively, the “Lenders”), the Agent, and the other parties thereto, and (b) the Lenders.
TERM LOAN AGREEMENT Dated as of October 25, 2018 by and among KITE REALTY GROUP, L.P., as Borrower, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, REGIONS BANK, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK and ASSOCIATED BANK, NATIONAL...Term Loan Agreement • October 26th, 2018 • Kite Realty Group, L.P. • Real estate investment trusts
THIS TERM LOAN AGREEMENT (this “Agreement”) dated as of October 25, 2018, by and among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 13.5.(d), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), REGIONS BANK, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK and ASSOCIATED BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents (collectively the “Syndication Agents”), and KEYBANC CAPITAL MARKETS INC., REGIONS CAPITAL MARKETS, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK AND ASSOCIATED BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers and Joint Bookrunners (the “Bookrunners”).
SPRINGING PARENT GUARANTYSpringing Guaranty • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
THIS SPRINGING GUARANTY (this “Guaranty”) dated as of October 22, 2021, executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”) in favor of each Purchaser (as hereafter defined) and each other holder of Notes (as hereafter defined) (individually, a “Noteholder” and collectively, the “Noteholders”).
Assumption AgreementAssumption Agreement • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
This Assumption Agreement dated as of October 22, 2021 (this “Assumption Agreement”) is made by Kite Realty Group, L.P., a Delaware limited partnership (the “Surviving Entity”), in favor of the Noteholders (as defined below), each of which is a party to that certain Note Purchase Agreement dated as of May 16, 2014 (as amended by that certain Amendment No. 1 to Note Purchase Agreement, dated as of August 26, 2021 (the “Amendment”), by and among the Company (as defined below) and the Noteholders party thereto, and as it may be further amended, supplemented or otherwise modified from time to time, the “Note Agreement”) by and among Retail Properties of America, Inc., a Maryland corporation (the “Company”) and the Purchasers party thereto, and pursuant to which the Company issued U.S.$100,000,000 aggregate principal amount of its 4.12% Senior Notes, Series A, due June 30, 2021 (the “Series A Notes”) and U.S.$150,000,000 aggregate principal amount of its 4.58% Senior Notes, Series B, due Ju
THIRD AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
This Term Loan Agreement (the “Agreement”) dated as of July 17, 2019, is among RETAIL PROPERTIES OF AMERICA, INCKITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (successor by merger to Retail Properties Of America, Inc., a corporation organized under the laws of the State of Maryland) (the “Borrower”), KEYBANK NATIONAL ASSOCIATION, a national banking association, and the several banks, financial institutions and other entities from time to time parties to the Agreement (collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 18th, 2015 • Kite Realty Group, L.P. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) made as of the 12th day of March, 2015, by and among KITE REALTY GROUP, L.P., a Delaware limited partnership (“Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (“REIT”), the Subsidiaries executing below as Guarantors (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 28, 2016 by and among KITE REALTY GROUP, L.P., as Borrower, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A. and JPMORGAN CHASE BANK, N.A., as Co-Syndication...Credit Agreement • July 29th, 2016 • Kite Realty Group, L.P. • Real estate investment trusts
THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of July 28, 2016, by and among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 13.5.(d), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), BANK OF AMERICA, N.A. and JPMORGAN CHASE BANK, N.A., as Co-Syndication Agents with respect to the Revolving Loan, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent with respect to the Term Loan A, and REGIONS BANK, U.S. BANK NATIONAL ASSOCIATION and SUNTRUST BANK, as Co-Syndication Agents with respect to the Term Loan B (collectively, the “Co-Syndication Agents”), REGIONS BANK, SUNTRUST BANK, U.S. BANK NATIONAL ASSOCIATION WELLS FARGO BANK, NATIONAL ASSOCIATION, PNC BANK, NATIONAL ASSOCIATION and CAPITAL ONE, NATIONAL ASSOCIATION as Co-Documentation Agent
AMENDMENT NO. 4 TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF KITE REALTY GROUP, L.P.Agreement of Limited Partnership • March 5th, 2019 • Kite Realty Group, L.P. • Real estate investment trusts • Delaware
This Amendment No. 4 to the Amended and Restated Agreement of Limited Partnership of Kite Realty Group, L.P. (this “Amendment”) is made as of February 28, 2019 by Kite Realty Group Trust, a Maryland real estate investment trust, as sole general partner (the “Company”) of Kite Realty Group, L.P., a Delaware limited partnership (the “Partnership”), pursuant to the authority granted to the Company in the Amended and Restated Agreement of Limited Partnership of Kite Realty Group, L.P., dated as of August 16, 2004, as amended by Amendment No. 1, dated as of December 7, 2010, as further amended by Amendment No. 2, dated as of March 12, 2012, and as further amended by Amendment No. 3, dated as of July 28, 2014 (the “Partnership Agreement”), for the purpose of issuing additional Partnership Units in the form of LTIP Units that participate only in appreciation (referred to as “Class AO LTIP Units”). Capitalized terms used and not defined herein shall have the meanings set forth in the Partnersh
FOURTH AMENDMENT TO term loan AGREEMENTTerm Loan Agreement • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
This Term Loan Agreement (the “Agreement”) dated as of November 22, 2016, is among RETAIL PROPERTIES OF AMERICA, INCKITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (successor by merger to Retail Properties Of America, Inc., a corporation organized under the laws of the State of Maryland) (the “Borrower”), CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, and the several banks, financial institutions and other entities from time to time parties to the Agreement (collectively, the “Lenders”), and CAPITAL ONE, NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 2nd, 2015 • Kite Realty Group, L.P. • Real estate investment trusts
THIS SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) made as of the 29th day of June, 2015, by and among KITE REALTY GROUP, L.P., a Delaware limited partnership (“Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (“Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
RETAIL PROPERTIES OF AMERICA, INC., as Issuer, KITE REALTY GROUP, L.P., as Successor Company and as Trustee FOURTH SUPPLEMENTAL INDENTURE DATED AS OF OCTOBER 22, 2021 TO INDENTURE DATED AS OF MARCH 12, 2015Fourth Supplemental Indenture • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
FOURTH SUPPLEMENTAL INDENTURE (this “Fourth Supplemental Indenture”), dated as of October 22, 2021, by and among Kite Realty Group, L.P., a Delaware limited partnership (the “Successor Company”), Retail Properties of America, Inc., a Maryland corporation (the “Issuer”), and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • July 29th, 2016 • Kite Realty Group, L.P. • Real estate investment trusts
THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) made as of the 28th day of July, 2016, by and among KITE REALTY GROUP, L.P., a Delaware limited partnership (“Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (“Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
PERFORMANCE RESTRICTED SHARE AGREEMENT COVER SHEETPerformance Restricted Share Agreement • November 7th, 2018 • Kite Realty Group, L.P. • Real estate investment trusts
Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), grants common shares of beneficial interest, $.01 par value per share, of the Company (the “Shares”), to the Grantee named below, subject to the achievement of performance goals over a performance period and other vesting conditions set forth in the attached Performance Restricted Share Agreement. Additional terms and conditions of the grant are set forth on this cover sheet and in the attached Performance Restricted Share Agreement (together, the “Agreement”), in the Company’s 2013 Equity Incentive Plan, as amended from time to time (the “Plan”), and in any written employment or other written compensatory agreement between you and the Company or any Affiliate (if any, the “Employment Agreement”).
SPRINGING GUARANTYSpringing Guaranty • October 26th, 2018 • Kite Realty Group, L.P. • Real estate investment trusts
THIS SPRINGING GUARANTY (the “Guaranty”) dated as of October 25, 2018 executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”) in favor of (a) KEYBANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Term Loan Agreement dated as of October 25, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Term Loan Agreement”), by and among Kite Realty Group, L.P. (the “Borrower”), the financial institutions party thereto and their assignees under Section 13.5. thereof (the “Lenders”), the Agent, and the other parties thereto, and (b) the Lenders.
KITE REALTY GROUP, L.P., AS ISSUER, KITE REALTY GROUP TRUST, AS POSSIBLE FUTURE GUARANTOR AND AS TRUSTEE THIRD SUPPLEMENTAL INDENTURE Dated as of August 15, 2024 $350,000,000 4.950% SENIOR NOTES DUE 2031 SUPPLEMENT TO INDENTURE DATED AS OF SEPTEMBER...Third Supplemental Indenture • August 15th, 2024 • Kite Realty Group, L.P. • Real estate investment trusts • New York
THIRD SUPPLEMENTAL INDENTURE, dated as of August 15, 2024 (this “Third Supplemental Indenture”), among KITE REALTY GROUP, L.P., a Delaware limited partnership (the “Operating Partnership”), having its principal executive office located at 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204, KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), having its principal executive office located at 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204, and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”), supplements that certain Indenture, dated as of September 26, 2016, by and between the Operating Partnership and the Trustee (as from time to time hereafter amended, supplemented or otherwise modified, the “Base Indenture,” and together with this Third Supplemental Indenture, as from time to time hereafter amended, supplemented or otherwise modified, the “Indenture”).
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • February 21st, 2023 • Kite Realty Group, L.P. • Real estate investment trusts
The Borrower hereby certifies to the Agent and the Lenders that as of the date hereof and as of the date of the making of the requested Loans and after giving effect thereto, (a) no Default or Event of Default exists or shall exist, and (b) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party are and shall be true and correct in all material respects, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. In addition, the Borrower certifies to the Agent and the Lenders that all conditions to the making of the requested Loans contained in Article VI. of the Term Loan Agreement will have been satisfied (or waived in
KITE REALTY GROUP TRUSTPerformance Share Unit Agreement • February 27th, 2017 • Kite Realty Group, L.P. • Real estate investment trusts
Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), grants performance share units (the “PSUs”) relating to common shares of beneficial interest, $.01 par value per share, of the Company (the “Shares”), to the Grantee named below, subject to the achievement of performance goals over a Service period. Additional terms and conditions of the PSUs are set forth on this cover sheet and in the attached Performance Share Unit Agreement (together, the “Agreement”) in the Company’s 2013 Equity Incentive Plan, as amended from time to time (the “Plan”), and in any written employment or other written compensatory agreement between you and the Company or any Affiliate (if any, the “Employment Agreement”).
SPRINGING GUARANTYSpringing Guaranty • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts
THIS SPRINGING GUARANTY (the “Guaranty”) dated as of October 22, 2021, executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”) in favor of (a) KEYBANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Sixth Amended and Restated Credit Agreement dated as of July 8, 2021, as amended by that certain First Amendment to Sixth Amended and Restated Credit Agreement dated as of even date herewith (as the same may be further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Kite Realty Group, L.P., as successor by merger to Retail Properties of America, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.3 thereof (together with the Issuing Bank, collectively, the “Lenders”), the Agent, and the other parties thereto, and (b) the Lenders.
KITE REALTY GROUP, L.P., AS ISSUER, KITE REALTY GROUP TRUST, AS POSSIBLE FUTURE GUARANTOR AND AS TRUSTEEFirst Supplemental Indenture • September 27th, 2016 • Kite Realty Group, L.P. • Real estate investment trusts • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of September 26, 2016 (this “First Supplemental Indenture”), among KITE REALTY GROUP, L.P., a Delaware limited partnership (the “Operating Partnership”), having its principal executive office located at 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204, KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), having its principal executive office located at 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204, and U.S. BANK NATIONAL ASSOCIATION (the “Trustee”), supplements that certain Indenture, dated as of September 26, 2016, by and between the Operating Partnership and the Trustee (the “Base Indenture,” and together with this First Supplemental Indenture, the “Indenture”).
Assumption AgreementAssumption Agreement • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
This Assumption Agreement dated as of October 22, 2021 (this “Assumption Agreement”) is made by Kite Realty Group, L.P., a Delaware limited partnership (the “Surviving Entity”), in favor of the Noteholders (as defined below), each of which is a party to that certain Note Purchase Agreement dated as of April 5, 2019 (as amended by that certain Amendment No. 1 to Note Purchase Agreement, dated as of August 26, 2021 (the “Amendment”), by and among the Issuer (as defined below) and the Noteholders party thereto, and as it may be further amended, supplemented or otherwise modified from time to time, the “Note Agreement”) by and among Retail Properties of America, Inc., a Maryland corporation (the “Issuer”) and the Purchasers party thereto, and pursuant to which the Issuer issued U.S.$100,000,000 aggregate principal amount of its 4.82% Senior Notes due June 28, 2029 (the “Notes”). Terms used herein without definition shall have the meanings assigned to such terms in the Note Purchase Agreeme
KITE REALTY GROUP TRUSTLtip Unit Agreement • February 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts
Pursuant to the Kite Realty Group Trust 2013 Equity Incentive Plan (as it has been amended and/or restated from time to time, the “Plan”) and the Amended and Restated Agreement of Limited Partnership of Kite Realty Group, L.P. (as amended from time to time, the “Limited Partnership Agreement”), Kite Realty Group, L.P., a Delaware limited partnership (the “Limited Partnership”), and Kite Realty Group Trust, a Maryland real estate investment trust and the sole general partner of the Limited Partnership (the “Company”), together hereby grant and issue to the grantee (the “Grantee”) named below an award (the “Award”) of LTIP Units (as defined in the Limited Partnership Agreement) in the number set forth below in consideration of the Grantee’s agreement to provide services to or for the benefit of the Limited Partnership. The LTIP Units have the rights, voting powers, restrictions, limitations as to distributions, qualifications, and terms and conditions of redemption and conversion set for
KITE REALTY GROUP, L.P. 4.23% Series A Senior Notes due September 10, 2023 4.47% Series B Senior Notes due September 10, 2025 4.57% Series C Senior Notes due September 10, 2027Note Purchase Agreement • September 3rd, 2015 • Kite Realty Group, L.P. • Real estate investment trusts • New York
KITE REALTY GROUP, L.P., a Delaware limited partnership (together with any successor thereto that becomes a party hereto pursuant to Section 10.2, the “Company”), agrees with each of the Purchasers as follows:
SPRINGING PARENT GUARANTYSpringing Parent Guaranty • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
THIS SPRINGING GUARANTY (this “Guaranty”) dated as of October 22, 2021, executed and delivered by KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Guarantor”) in favor of each Purchaser (as hereafter defined) and each other holder of Notes (as hereafter defined) (individually, a “Noteholder” and collectively, the “Noteholders”).
AMENDMENT NO. 6 TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF KITE REALTY GROUP, L.P.Amended and Restated Agreement of Limited Partnership • August 7th, 2023 • Kite Realty Group, L.P. • Real estate investment trusts
This Amendment No. 6 to the Amended and Restated Agreement of Limited Partnership of Kite Realty Group, L.P. (this “Amendment”) is made as of June 12, 2023 by Kite Realty Group Trust, a Maryland real estate investment trust, as sole general partner (the “Company”) of Kite Realty Group, L.P., a Delaware limited partnership (the “Partnership”), pursuant to the authority granted to the Company in the Amended and Restated Agreement of Limited Partnership of Kite Realty Group, L.P., dated as of August 16, 2004, as amended by Amendment No. 1, dated as of December 7, 2010, as further amended by Amendment No. 2, dated as of March 12, 2012, as further amended by Amendment No. 3, dated as of July 28, 2014, as further amended by Amendment No. 4, dated as of February 28, 2019, and as further amended by Amendment No. 5, dated as of March 24, 2019 (the “Partnership Agreement”), for the purpose of revising the 10-day advance notice-to-exercise requirement currently applicable to the Class AO LTIP Uni
KITE REALTY GROUP TRUST 2013 EQUITY INCENTIVE PLAN APPRECIATION ONLY LTIP UNIT AGREEMENT COVER SHEETAppreciation Only Ltip Unit Agreement • March 5th, 2019 • Kite Realty Group, L.P. • Real estate investment trusts
FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 25th, 2018 • Kite Realty Group, L.P. • Real estate investment trusts
THIS FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) made as of the 24th day of April, 2018, by and among KITE REALTY GROUP, L.P., a Delaware limited partnership (“Borrower”), KITE REALTY GROUP TRUST, a real estate investment trust formed under the laws of the State of Maryland (“Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
SEPARATION AGREEMENTSeparation Agreement • February 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • Indiana
This SEPARATION AGREEMENT (the “Agreement”), dated as of November 3, 2020 (the “Effective Date”), is made and entered into by and between Kite Realty Group Trust, a Maryland real estate investment trust (together with its subsidiaries and affiliates, the “Company”), and Scott Murray (“Executive”).
