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

03/30/2015 | 04:28pm US/Eastern

Item 1.01. Entry Into a Material Definitive Agreement.

On March 30, 2015, Kimco Realty Corporation ("Kimco") completed an underwritten public offering of $350 million in aggregate principal amount of its 4.25% Notes due 2045 (the "Notes"). The Notes are governed by the 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, 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 4.25% Notes due 2045 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 4.25% Notes due 2045
5.1(a)      Opinion of Latham & Watkins LLP, as to the legality of the 4.25% Notes
            due 2045, dated March 30, 2015
5.1(b)      Opinion of Venable LLP, as to the legality of the 4.25% Notes due
            2045, dated March 30, 2015
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))


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