PARENT GUARANTEEParent Guarantee • January 3rd, 2024 • Kimco Realty OP, LLC • Real estate investment trusts • New York
PARENT GUARANTEE, dated as of January 2, 2024 (as amended, supplemented or otherwise modified from time to time, this “Parent Guarantee”), made by KIMCO REALTY CORPORATION (“Ultimate Parent”), in favor of JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the Lenders party to the Seventh Amended and Restated Credit Agreement (the “Lenders”), dated as of January 2, 2024 (as the same has been and may be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Kimco Realty OP, LLC (“Kimco” or the “Borrower”), the Lenders, the Administrative Agent, and the other agents party thereto.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF KIMCO REALTY OP, LLC a Delaware limited liability companyLimited Liability Company Agreement • January 3rd, 2024 • Kimco Realty OP, LLC • Real estate investment trusts • Delaware
KIMCO REALTY OP, LLC, as the Company, KIMCO REALTY CORPORATION, as the Guarantor and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as TRUSTEE FOURTH SUPPLEMENTAL INDENTURE Dated as of January 3, 2023 Supplementing the Indenture, dated as of May 1,...Fourth Supplemental Indenture • January 4th, 2023 • Kimco Realty OP, LLC • New York
This AMENDED AND RESTATED INDENTURE, dated as of January 3, 2023, between KIMCO REALTY OP, LLC, a Delaware limited liability company (hereinafter called the “Issuer”), having its principal office at 500 N. Broadway, Suite 201, Jericho, New York 11753, KIMCO REALTY CORPORATION, a Maryland corporation (hereinafter called the “Guarantor”), having its principal office at 500 N. Broadway, Suite 201, Jericho, New York 11753, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized under the laws of the United States of America, as Trustee hereunder (hereinafter called the “Trustee”), having its Corporate Trust Office at 500 Ross Street, 12th Floor, Pittsburgh, Pennsylvania 15262, amends and restates in its entirety the Indenture, dated as of May 1, 1995, between Weingarten Realty Investors (as predecessor in interest to the Issuer, formerly known as Kimco Realty Corporation) and Texas Commerce Bank National Association (as predecessor in interest to the T
EIGHTH SUPPLEMENTAL INDENTURE dated as of January 3, 2023 between KIMCO REALTY OP, LLC, as Issuer and KIMCO REALTY CORPORATION, as Guarantor and THE BANK OF NEW YORK MELLON, as Trustee SENIOR DEBT SECURITIES of KIMCO REALTY OP, LLCEighth Supplemental Indenture • January 4th, 2023 • Kimco Realty OP, LLC • New York
This AMENDED AND RESTATED INDENTURE, dated as of January 3, 2023, between KIMCO REALTY OP, LLC, a Delaware limited liability company (hereinafter called the “Issuer”), having its principal office at 500 N. Broadway, Suite 201, Jericho, New York 11753, KIMCO REALTY CORPORATION, a Maryland corporation (hereinafter called the “Guarantor”), having its principal office at 500 N. Broadway, Suite 201, Jericho, New York 11753, and THE BANK OF NEW YORK MELLON, a banking corporation organized under the laws of the State of New York, as Trustee hereunder (hereinafter called the “Trustee”), having its Corporate Trust Office at 500 Ross Street, 12th Floor, Pittsburgh, Pennsylvania 15262, amends and restates in its entirety the Indenture, dated as of September 1, 1993, between the Issuer, formerly known as Kimco Realty Corporation, and IBJ Schroder Bank & Trust Company (as predecessor in interest to the Trustee), as trustee (the “Original Indenture”).
KIMCO REALTY CORPORATION, as the Successor Company, WEINGARTEN REALTY INVESTORS, as the Company and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as TRUSTEE THIRD SUPPLEMENTAL INDENTURE Dated as of August 3, 2021 Supplementing the Indenture, dated...Third Supplemental Indenture • February 24th, 2023 • Kimco Realty OP, LLC • Real estate investment trusts • New York
THIS THIRD SUPPLEMENTAL INDENTURE, dated as of August 3, 2021 (the “Third Supplemental Indenture”), is made by and among KIMCO REALTY CORPORATION, a Maryland corporation (the “Successor Company”), WEINGARTEN REALTY INVESTORS, a Texas real estate investment trust (the “Company”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (successor in interest to J.P. Morgan Trust Company, National Association, successor in interest to Texas Commerce Bank National Association), a national banking association organized under the laws of the United States, as Trustee (the “Trustee”) under the Indenture referred to herein.
UNDERWRITING AGREEMENTUnderwriting Agreement • October 3rd, 2023 • Kimco Realty OP, LLC • Real estate investment trusts • New York
EQUITY SALES AGREEMENTEquity Sales Agreement • September 15th, 2023 • Kimco Realty OP, LLC • Real estate investment trusts • New York
Each of Kimco Realty Corporation, a Maryland corporation (the “Company”), and Kimco Realty OP, LLC, a Delaware limited liability company (“Kimco OP”), confirms its agreement with each of (i) Bank of America, N.A., Barclays Bank PLC, Bank of Montreal, BNP Paribas, The Bank of New York Mellon, Citibank N.A., Deutsche Bank AG, London Branch, Jefferies LLC, JPMorgan Chase Bank, National Association, Mizuho Markets Americas LLC, Morgan Stanley & Co. LLC, Nomura Global Financial Products, Inc., Regions Securities LLC, Royal Bank of Canada, The Bank of Nova Scotia, The Toronto-Dominion Bank, Truist Bank, UBS AG London Branch and Wells Fargo Bank, National Association (as forward purchasers, the “Forward Purchasers”) and (ii) BofA Securities, Inc., Barclays Capital Inc., BMO Capital Markets Corp., BNP Paribas Securities Corp., BNY Mellon Capital Markets, LLC, BTIG, LLC, Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Jefferies LLC, J.P. Morgan Securities LLC, Mizuho Securities US
KIMCO REALTY CORPORATION INDEMNIFICATION AGREEMENTIndemnification Agreement • February 24th, 2023 • Kimco Realty OP, LLC • Real estate investment trusts • Maryland
This Indemnification Agreement (“Agreement”) is made as of [___________] (the “Effective Date”) by and between KIMCO REALTY CORPORATION, a Maryland corporation (the “Company”), and ____________________ (“Indemnitee”).
AGREEMENT AND PLAN OF MERGER by and among KIMCO REALTY CORPORATION, NEW KRC CORP. and KRC MERGER SUB CORP. Dated as of December 15, 2022Agreement and Plan of Merger • January 4th, 2023 • Kimco Realty OP, LLC • Maryland
This MERGER AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is entered into as of December 15, 2022 by and among Kimco Realty Corporation, a Maryland corporation (the “Company”), New KRC Corp., a Maryland corporation (“Holdco”), and KRC Merger Sub Corp., a Maryland corporation (“Merger Sub” and, together with the Company and Holdco, collectively the “Parties”).
KIMCO REALTY CORPORATION,Kimco Realty OP, LLC • January 3rd, 2023 • Real estate investment trusts • New York
This INDENTURE, dated as of ___________, 20__, between KIMCO REALTY CORPORATION, a Maryland corporation (hereinafter called the “Issuer”), having its principal office at 500 N. Broadway, Suite 201, Jericho, New York 11753, KIMCO REALTY OP, LLC, a Delaware limited liability company (hereinafter called the “Guarantor”), having its principal office at 500 N. Broadway, Suite 201, Jericho, New York 11753, and THE BANK OF NEW YORK MELLON, a banking corporation organized under the laws of the State of New York, as Trustee hereunder (hereinafter called the “Trustee”), having its Corporate Trust Office at 500 Ross Street, 12th Floor, Pittsburgh, Pennsylvania 15262.
