Common Contracts

2 similar Underwriting Agreement contracts by Kite Realty Group Trust, U-Store-It Trust

25,000,000 Shares U-STORE-IT TRUST Common Shares of Beneficial Interest UNDERWRITING AGREEMENT
Underwriting Agreement • November 2nd, 2004 • U-Store-It Trust • Real estate investment trusts • New York

Lehman Brothers Inc. As representative of the several underwriters named in Schedule 1 hereto c/o Lehman Brothers Inc. 745 Seventh Avenue New York, NY 10019

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16,300,000 Shares KITE REALTY GROUP TRUST Common Shares of Beneficial Interest UNDERWRITING AGREEMENT
Underwriting Agreement • July 26th, 2004 • Kite Realty Group Trust • Real estate investment trusts • New York

Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), intending to qualify for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the “Code”), and Kite Realty Group, L.P., a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership”), each wishes to confirm as follows its agreement with the Underwriters named in Schedule 1 hereto (the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 9 of this Agreement) for whom Lehman Brothers Inc. and Wachovia Capital Markets, LLC are acting as representatives (the “Representatives”), with respect to the sale by the Company and the purchase by the Underwriters, acting severally and not jointly (the “Offering”), of an aggregate of 16,300,000 shares (the

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