UNDERWRITING AGREEMENTUnderwriting Agreement • September 24th, 2009 • Kimco Realty Corp • Real estate investment trusts • New York
KIMCO REALTY CORPORATION (A MARYLAND CORPORATION)Terms Agreement • September 24th, 2009 • 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 6.875% Notes due 2019 (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.
FIFTH SUPPLEMENTAL INDENTURE dated as of September 24, 2009 between KIMCO REALTY CORPORATION and THE BANK OF NEW YORK MELLON, as Trustee SENIOR DEBT SECURITIES of KIMCO REALTY CORPORATIONFifth Supplemental Indenture • September 24th, 2009 • Kimco Realty Corp • Real estate investment trusts • New York
THIS FIFTH SUPPLEMENTAL INDENTURE, is entered into as of September 24, 2009 (the “Fifth Supplemental Indenture”), by and between Kimco Realty Corporation, a Maryland corporation (the “Company”), and The Bank of New York Mellon (as successor to IBJ Schroder Bank & Trust Company), a banking corporation organized under the laws of the State of New York, as trustee (the “Trustee”).
