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,
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”).
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) CAPITAL ONE, NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Term Loan Agreement dated as of November 22, 2016, as amended on May 17, 2018 pursuant to that certain First Amendment to Term Loan Agreement, as further amended on November 20, 2018 pursuant to that certain Second Amendment to Term Loan Agreement, as further amended on May 4, 2020 pursuant to that certain Third Amendment to Term Loan Agreement, and as further amended by that certain Fourth Amendment to Term Loan Agreement dated as of even date herewith (as the same may be further amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among Kite Realty Group, L.P., as successor by merger to Retail Properties of America, Inc. (the “Borrower
FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 22nd, 2021 • Kite Realty Group, L.P. • Real estate investment trusts • New York
This Sixth Amended and Restated Credit Agreement (the “Agreement”) dated as of July 8, 2021, 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”.
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”.
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”.
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”).
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.
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
