Springing Guaranty Sample Contracts

AMENDED AND RESTATED SPRINGING GUARANTY
Springing 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.

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FIRST AMENDED AND RESTATED SPRINGING GUARANTY
Springing 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.

SPRINGING PARENT GUARANTY
Springing 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 GUARANTY
Springing 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.

SPRINGING GUARANTY
Springing 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.

SPRINGING GUARANTY
Springing Guaranty • October 14th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts

This Guaranty shall become effective at such time as there is a Trigger Event, as defined below. This Guaranty is intended to be a present obligation of a future contingent commitment.

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