Common use of Acquisition Process Clause in Contracts

Acquisition Process. In the event that Kite Realty elects to accomplish the transfer of the Property through the Interest Acquisition: (i) the Exercise Notice shall specify that Kite Realty elects to effectuate the Interest Acquisition pursuant to this Section 5.3; (ii) subject to this Section 5.3, the provisions of Article III shall govern the Interest Acquisition; (iii) the purchase price to be paid by Kite Realty for the Interests shall be equal to the Acquisition Consideration for the Property as calculated in accordance with Section 3.1, with each Member entitled to receive such Member’s pro rata share of such Acquisition Consideration based on such Member’s percentage interest in Optionor (as set forth in Exhibit B); (iv) subject to Section 3.1(f), the Interests shall be conveyed, and the Closing Date of such acquisition shall occur, within the later of (a) 15 days after the last day of the month immediately following the month in which the Exercise Notice is delivered or (b) 45 days after the determination of the FMV of the Property (or a Portion, as applicable) at the time in accordance with Section 3.1; and (v) on or prior to the Closing Date, subject to Section 3.1(f), the Members and Kite Realty shall execute and deliver the closing documentation described on Exhibit D hereto regarding the Interest Acquisition, and, thereafter, the Members and Kite Realty shall additionally acknowledge, execute, deliver and/or file (as the case may be) any and all other documents, agreements or instruments reasonably necessary or appropriate to effectuate the Interest Acquisition in accordance with the terms of this Agreement.