0000950123-07-006086 Sample Contracts

KIMCO REALTY CORPORATION (a Maryland corporation) Debt Securities UNDERWRITING AGREEMENT
Underwriting Agreement • April 26th, 2007 • Kimco Realty Corp • Real estate investment trusts • New York

Kimco Realty Corporation, a Maryland corporation (the “Company”), proposes to issue and sell its unsecured senior debt securities (the “Securities”), from time to time, in one or more offerings on terms to be determined at the time of sale. The Securities will be issued under an indenture, dated as of September 1, 1993, as amended 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 to be dated as of April 26, 2007 and as further amended or supplemented from time to time (the “Indenture”), between the Company and Bank of New York, as trustee (the “Trustee”). The Indenture has been qualified under the Trust Indenture Act of 1939, as amended (the “1939 Act”), and the rules and regulations of the Securities and Exchange Commission (the “Commission”) under the 1939 Act (the “1939 Regulations”). Each series of Securities may var

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KIMCO REALTY CORPORATION (a Maryland corporation)
Terms Agreement • April 26th, 2007 • Kimco Realty Corp • Real estate investment trusts

We (the “Representative”) understand that Kimco Realty Corporation, a Maryland corporation (the “Company”), proposes to issue and sell $300,000,000 aggregate principal amount of its 5.70% Senior Notes due 2017 (the “Underwritten Securities”). Subject to the terms and conditions set forth or incorporated by reference herein, the underwriters named below (the “Underwriters”) offer to purchase, severally and not jointly, the respective amount of Underwritten Securities set forth below opposite their respective names at the purchase price set forth below.

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