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KIMCO REALTY CORPORATION

(KIM)
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KIMCO REALTY CORP : Entry into a Material Definitive Agreement, Financial Statements and Exhibits (form 8-K)

09/22/2021 | 04:20pm EST

Item 1.01. Entry Into a Material Definitive Agreement.

On September 22, 2021, Kimco Realty Corporation, a Maryland corporation ("Kimco"), completed an underwritten public offering of $500 million in aggregate principal amount of its 2.250% Notes due 2031 (the "Notes"). The Notes are governed by the Indenture, dated as of September 1, 1993, as supplemented by the First Supplemental Indenture, dated as of August 4, 1994, the Second Supplemental Indenture, dated as of April 7, 1995, the Third Supplemental Indenture, dated as of June 2, 2006, the Fourth Supplemental Indenture, dated as of April 26, 2007, the Fifth Supplemental Indenture, dated as of September 24, 2009, the Sixth Supplemental Indenture, dated as of May 23, 2013, and the Seventh Supplemental Indenture, dated as of April 24, 2014, and as further amended or supplemented from time to time, between Kimco and The Bank of New York Mellon (as successor to IBJ Schroder Bank & Trust Company), as trustee. A copy of the form of Global Note for the Notes is attached hereto as Exhibit 4.1 and is incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits.



(d)  Exhibits

Exhibit No. Description
4.1           Form of Global Note for 2.250% Notes due 2031
5.1(a)        Opinion of Latham & Watkins LLP, as to the legality of the 2.250%
            Notes due 2031, dated September 22, 2021
5.1(b)        Opinion of Venable LLP, as to the legality of the 2.250% Notes due
            2031, dated September 22, 2021
23.1(a)       Consent of Latham & Watkins LLP (contained in the opinion filed as
            Exhibit 5.1(a))
23.1(b)       Consent of Venable LLP (contained in the opinion filed as Exhibit
            5.1(b))
104         Cover Page Interactive Data File (formatted as inline XBRL and
            contained in Exhibit 101)


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