PARENT GUARANTEEParent Guarantee • January 4th, 2023 • Kimco Realty OP, LLC • New York
PARENT GUARANTEE, dated as of January 1, 2023 (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 Amended and Restated Credit Agreement (the “Lenders”), dated as of February 27, 2020 (as the same has been and may be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among KRC Interim Corp. (formerly known as Kimco Realty Corporation, “Kimco”), the Subsidiaries of Kimco from time to time party thereto (collectively, the “Subsidiary Borrowers”; together with Kimco, the “Borrowers”), the Lenders, the Issuing Lenders party thereto, the Administrative Agent, and the other agents party thereto.
LIMITED LIABILITY COMPANY AGREEMENT OF KIMCO REALTY OP, LLC a Delaware limited liability companyLimited Liability Company Agreement • January 4th, 2023 • Kimco Realty OP, LLC • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT OF KIMCO REALTY OP, LLC (the “Company”), dated as of January 3, 2023, (the “Effective Date”), is made and entered into by and among KIMCO REALTY CORPORATION, a Maryland corporation (“Kimco”), as the Managing Member, and the Persons from time to time party hereto, as members.
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”).
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”).
