Common use of Increases of Commitments Clause in Contracts

Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date of this Agreement, Kimco may from time to time request additional Commitments (“Incremental Commitments”), in minimum increments of $5,000,000 (or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve (12) months after the date of this Agreement (“Incremental Loans”) pursuant to the terms of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions: (a) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value shall be determined for the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(b)). Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, and shall be accompanied by a certificate of a Responsible Officer of Kimco to such effect.

Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date Provided there exists no Default or Event of this AgreementDefault, Kimco Borrower may from time to time request additional any one or more Lenders to increase their respective Commitments (“Incremental Commitments”)or request other financial institutions first approved by Administrative Agent to agree to a Commitment, in minimum increments of $5,000,000 (or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve (12) months after the date of this Agreement (“Incremental Loans”) pursuant to the terms of this Section 10.8, provided so that the total Commitments may be increased by an amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each (for all such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayedrequests) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions: (a) Each sum of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving effect thereto $250,000,000 and (ii) Kimco would the amount, if any, by which the aggregate Commitments of Lenders on the Closing Date were less than $1,250,000,000. Any such Commitment increase must be effected by an amendment that is executed in compliance accordance with each financial covenant set forth Section 12.5 by Borrower, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in paragraphs (a) through (f) accordance with Section 12.5. No Lender is obligated to increase its Commitment under any circumstances, and no Lender’s Commitment may be increased except by its execution of an amendment to this Agreement in accordance with Section 7.1 if the ratio or amount referred to therein were to be calculated as of 12.5. Each new Lender providing such date (provided that for the purposes of determining such compliance, Gross Asset Value additional Commitment shall be determined for a “Lender” hereunder, entitled to the most recent Test Period as rights and benefits, and subject to which the duties, of a compliance certificate has been delivered Lender under the Loan Documents. In such case, each Lender’s Commitment Percentage shall be recalculated to reflect the new proportionate share of the revised total Commitments. Borrower shall prepay any Loans outstanding on the effective date of any Commitment Increase effected hereby (and pay any additional amounts required pursuant to Section 6.2(b)). Each Borrowing of Incremental 4.5) to the extent necessary to keep the outstanding Revolving Loans (and any funded participations by Lenders under the Swing Line Subfacility and the LC Subfacility) ratable with any revised Commitment Percentages arising from any nonratable increase in the Commitments under this Section 10.8 shall constitute a representation and warranty by Kimco as 2.13. Additionally, on the applicable Borrowing Date that the conditions contained effective date of any Commitment increase, any unfunded participations in this Section 10.8 have been satisfied, and any Swing Line Loans or LC shall be accompanied by a certificate adjusted to reflect the revised Commitment Percentages. All new Revolving Loans occurring after an increase of a Responsible Officer of Kimco to such effectthe total Commitments shall be funded in accordance with Lender’s revised Commitment Percentages.

Increases of Commitments. During At any time, the Borrower may request that the Aggregate Commitment be increased; PROVIDED that, without the prior written consent of all of the Lenders, (i) the Aggregate Commitment shall at no time exceed $50,000,000 MINUS the aggregate amount of all reductions in the Aggregate Commitment previously made pursuant to SECTION 2.4(A) and (ii) the Borrower shall not make any such request during the six month period commencing on following any reduction in the Effective Date through Aggregate Commitment occurring under SECTION 2.4(A). Such request shall be made in a written notice given to the Agent and including the date that is twelve Lenders by the Borrower not less than twenty (1220) months after Business Days prior to the proposed effective date of this Agreementsuch increase, Kimco may from time to time request additional Commitments which notice (“Incremental Commitments”), a "COMMITMENT INCREASE NOTICE") shall specify the amount of the proposed increase in minimum increments the Aggregate Commitment and the proposed effective date of $5,000,000 (such increase. On or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve fifteen (1215) months Business Days after receipt of the date of this Agreement (“Incremental Loans”) pursuant Commitment Increase Notice, each Lender shall submit to the terms of this Section 10.8, provided that Agent a notice indicating the total maximum amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities by which it is willing to increase or obtain its Commitment in connection with such Commitments, as applicable. The form of documentation pursuant to which Commitment Increase Notice (any such Incremental Commitment is made and notice to the person providing such Incremental Commitment becomes Agent being herein a "LENDER INCREASE NOTICE"). Any Lender which does not submit a Lender hereunder must be acceptable Increase Notice to Kimco and the Administrative Agent. Upon entry Agent prior to the expiration of such documentation, Schedule 1.1A hereof fifteen (15) Business Day period shall be automatically amended without deemed to have denied any further action increase in its Commitment. In the event that the increases of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions: (a) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs the Lender Increase Notices exceed the amount requested by the Borrower in the Commitment Increase Notice, the Agent and the Arranger shall have the right, in consultation with the Borrower, to allocate the amount of increases necessary to meet the Borrower's Commitment Increase Notice. In the event that the Lender Increase Notices are less than the amount requested by the Borrower, the Agent and the Arranger shall assist the Borrower in attempting to identify financial institutions which may have an interest in becoming Lenders under this Agreement. Not later than three (a3) through Business Days prior to the proposed effective date the Borrower may notify the Agent of any financial institution that shall have agreed to become a "Lender" party hereto (fa "PROPOSED NEW LENDER") of Section 7.1 if in connection with the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value Commitment Increase Notice. Any Proposed New Lender shall be determined for consented to by the most recent Test Period as to Agent (which a compliance certificate has been delivered pursuant to Section 6.2(b)consent shall not be unreasonably withheld). Each Borrowing of Incremental Loans under this Section 10.8 If the Borrower, the Agent and the Arranger shall constitute a representation and warranty by Kimco as not have arranged any Proposed New Lender(s) to commit to the applicable Borrowing Date that shortfall from the conditions contained in this Section 10.8 have been satisfiedLender Increase Notices, and then the Borrower shall be accompanied by a certificate deemed to have reduced the amount of a Responsible Officer of Kimco its Commitment Increase Notice to such effect.the aggregate amount set forth in the Lender Increase Notices. Based upon the Lender Increase Notices, any allocations made in connection

Increases of Commitments. During (i) Upon notice to Administrative Agent (which shall promptly notify Lenders), the period commencing on the Effective Date through and including the date that is twelve (12) months after the date of this Agreement, Kimco Company may from time to time time, request additional an increase in the Revolving Credit Commitments of up to $30,000,000, resulting in an increased Revolving Credit Commitments of up to $100,000,000, provided that, (“Incremental Commitments”), A) each increase in the Revolving Credit Commitments shall be in the minimum increments amount of $5,000,000 (10,000,000 or whole multiples of $1,000,000 in excess a greater integral multiple of $5,000,000), relating to Loans to be borrowed (B) after the Effective Date but prior giving effect to the date that increase in the Revolving Credit Commitments, the Revolving Credit Commitments do not exceed $100,000,000, and (C) no Potential Default or Event of Default exists. At the time of sending such notice, the Company (in consultation with Administrative Agent) shall specify the time period within which each Lender is twelve requested to respond (12which shall in no event be less than ten (10) months after Business Days from the date of this Agreement (“Incremental Loans”) pursuant to the terms of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry delivery of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party notice to reflect the Incremental Commitments provided pursuant to such documentationLenders). Each Lender having an Incremental Commitment shall notify Administrative Agent within such time period whether or not it agrees to make Incremental Loans increase its Commitment, and, if so, whether by an amount equal to, greater than, or less than its Pro Rata Share of such requested increase. Any Lender not responding within such time period shall be deemed to Kimcohave declined to increase its Commitment. Administrative Agent shall notify the Company and each Lender of Lenders' responses to each request made hereunder. To achieve the full amount of a requested increase, the Company may also invite additional eligible assignees to become Lenders. Any increase in the Revolving Credit Commitments must be effected by an aggregate principal amount not amendment that is executed in accordance with Section 12.01 by the Company, Administrative Agent, and the one or more Lenders who have agreed to exceed its Incremental Commitment on the applicable Borrowing Date, subject increase their Commitments or by new Lenders who have agreed to the following conditions:new Commitments in accordance with Section 12.01. (aii) Each If any Commitments are increased in accordance with this Section, Administrative Agent and the Company shall determine the effective date of such increase (the "Increase Effective Date"). Administrative Agent and the Company shall promptly notify Lenders of the final allocation of such increase and the Increase Effective Date. As a condition precedent to such increase, the Company shall deliver to Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a authorized officer or director of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such increase, (ii) in the case of the Company, including a Compliance Certificate demonstrating pro forma compliance with the representations and warranties made by Kimco contained in or pursuant this Loan Agreement after giving effect to such increase, and (iii) certifying that, before and after giving effect to such increase, the Loan Documents shall be representations and warranties contained in Articles 8 and 9 are true and correct in all material respects on and as of the applicable Borrowing Increase Effective Date as if made on and no Event of Default or Potential Default exists. The Company shall deliver new or amended Revolving Credit Notes reflecting the increased Commitments to any Lenders holding or requesting Revolving Credit Notes. Each new Lender acquiring a Commitment shall be a "Lender" hereunder, entitled to the rights and benefits, and subject to the duties, of a Lender under the Loan Documents. In such case, each Lender's Pro Rata Share shall be recalculated to reflect the new proportionate share of the revised Revolving Credit Commitment and the Lenders acquiring additional or increased Commitments (each a "purchasing Lender") shall, immediately upon receiving notice from Administrative Agent, pay to each Lender an amount equal to its pro rata share of the Borrowings (and any funded participations by Lenders under the Swing Line Subfacility and the Letter of Credit Subfacility) outstanding as of such date except for representations date. All such payments with respect to the Borrowings shall reduce the outstanding Principal Debt owed to each Lender receiving such payments and warranties expressly stated shall represent Borrowings to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred the Company and be continuing Principal Debt owed to the purchasing Lender; all such payments with respect to funded participations under the Swing Line Subfacility or Letter of Credit Subfacility (as the case may be) shall reduce the applicable participation of each Lender receiving such payment and shall represent the purchase by the purchasing Lender of a participation under the Swing Line Subfacility or the Letter of Credit Subfacility (as the case may be). Additionally, the Company shall pay any additional amounts required pursuant to Section 5.01(e) in connection with such repayments to any Lender. The purchasing Lender shall be entitled to share ratably in interest accruing on the balances purchased, at the rates provided herein for such balances, from and after the date of such purchase. All new Borrowings occurring after an increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value Revolving Credit Commitment shall be determined for funded in accordance with the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(b))Lender's revised Pro Rata Shares. Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, and shall be accompanied by a certificate of a Responsible Officer of Kimco to such effect.AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT

Increases of Commitments. During At any time, the Borrower may request that the Aggregate Commitment be increased; PROVIDED that, without the prior written consent of all of the Lenders, (i) the Aggregate Commitment shall at no time exceed $200,000,000 MINUS the aggregate amount of all reductions in the Aggregate Commitment previously made pursuant to SECTION 2.4(A) and (ii) the Borrower shall not make any such request during the six month period commencing on following any reduction in the Effective Date through Aggregate Commitment occurring under SECTION 2.4(A). Such request shall be made in a written notice given to the Agent and including the date that is twelve Lenders by the Borrower not less than twenty (1220) months after Business Days prior to the proposed effective date of this Agreementsuch increase, Kimco may from time to time request additional Commitments which notice (“Incremental Commitments”), a "COMMITMENT INCREASE NOTICE") shall specify the amount of the proposed increase in minimum increments the Aggregate Commitment and the proposed effective date of $5,000,000 (such increase. On or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve fifteen (1215) months Business Days after receipt of the date of this Agreement (“Incremental Loans”) pursuant Commitment Increase Notice, each Lender shall submit to the terms of this Section 10.8, provided that Agent a notice indicating the total maximum amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities by which it is willing to increase or obtain its Commitment in connection with such Commitments, as applicable. The form of documentation pursuant to which Commitment Increase Notice (any such Incremental notice to the Agent being herein a "LENDER INCREASE NOTICE"). Any Lender which does not submit a Lender Increase Notice to the Agent prior to the expiration of such fifteen (15) Business Day period shall be deemed to have denied any increase in its Commitment. In the event that the increases of Commitments set forth in the Lender Increase Notices exceed the amount requested by the Borrower in the Commitment is made Increase Notice, the Agent and the person providing such Incremental Arranger shall have the right, in consultation with the Borrower, to allocate the amount of increases necessary to meet the Borrower's Commitment becomes Increase Notice. In the event that the Lender Increase Notices are less than the amount requested by the Borrower, not later than 3 Business Days prior to the proposed effective date the Borrower may notify the Agent of any financial institution that shall have agreed to become a "Lender" party hereto (a "PROPOSED NEW LENDER") in connection with the Commitment Increase Notice. Any Proposed New Lender hereunder must shall be acceptable consented to Kimco by the Agent (which consent shall not be unreasonably withheld). If the Borrower shall not have arranged any Proposed New Lender(s) to commit to the shortfall from the Lender Increase Notices, then the Borrower shall be deemed to have reduced the amount of its Commitment Increase Notice to the aggregate amount set forth in the Lender Increase Notices. Based upon the Lender Increase Notices, any allocations made in connection therewith and any notice regarding any Proposed New Lender, if applicable, the Agent shall notify the Borrower and the Administrative Agent. Upon entry Lenders on or before the Business Day immediately prior to the proposed effective date of the amount of each Lender's and Proposed New Lenders' Commitment (such documentationnew amounts being the "EFFECTIVE COMMITMENT AMOUNTS") and the amount of the Aggregate Commitment, Schedule 1.1A hereof which amounts shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment effective on the applicable Borrowing Date, following Business Day. Any increase in the Aggregate Commitment shall be subject to the following conditions: conditions precedent: (aA) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default Borrower shall have occurred and be continuing on obtained the date of such increase or after giving effect consent thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value shall be determined for the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(b)). Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, and shall be accompanied by a certificate of a Responsible Officer of Kimco to such effect.of

Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date of this Agreement, Kimco Borrower may from time to time request any one or more Lenders to increase their respective Commitments or request other financial institutions first approved by Administrative Agent to agree to a Commitment, so that the total Commitments may be increased to no more than $600,000,000. Any such Commitment increase must be effected by an amendment that is executed in accordance with Section 12.5 by Borrower, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in accordance with Section 12.5. No Lender is obligated to increase its Commitment under any circumstances, and no Lender’s Commitment may be increased except by its execution of an amendment to this Agreement in accordance with Section 12.5. Each new Lender providing such additional Commitment shall be a “Lender” hereunder, entitled to the rights and benefits, and subject to the duties, of a Lender under the Loan Documents. In such case, each Lender’s Commitment Percentage shall be recalculated to reflect the new proportionate share of the revised total Commitments and the Lender responsible for the additional Commitments (the “Incremental Commitmentspurchasing Lender”)) shall, in minimum increments immediately upon receiving notice from Administrative Agent, pay to each Lender an amount equal to its pro rata share of $5,000,000 the Revolving Loans (or whole multiples and any funded participations by Lenders under the Swing Line Subfacility and the LC Subfacility) outstanding as of $1,000,000 in excess of $5,000,000), relating such date. All such payments with respect to the Revolving Loans shall reduce the outstanding principal balance owed to each Lender receiving such payments and shall represent Revolving Loans to Borrower by the purchasing Lender; all such payments with respect to funded participations under the Swing Line Subfacility or LC Subfacility (as the case may be) shall reduce the applicable participation of each Lender receiving such payment and shall represent the purchase by the purchasing Lender of a participation under the Swing Line Subfacility or the LC Subfacility (as the case may be). The purchasing Lender shall be borrowed after entitled to share ratably in interest accruing on the Effective Date but prior to balances purchased, at the date that is twelve (12) months rates provided herein for such balances, from and after the date of this Agreement (“Incremental Loans”) pursuant to the terms purchase. All new Revolving Loans occurring after an increase of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 funded in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, accordance with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Lender’s revised Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions: (a) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value shall be determined for the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(b)). Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, and shall be accompanied by a certificate of a Responsible Officer of Kimco to such effectPercentages.

Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date Provided there exists no Default or Event of this AgreementDefault, Kimco Borrower may from time to time request additional any one or more Lenders to increase their respective Commitments (“Incremental Commitments”)or request other financial institutions first approved by Administrative Agent to agree to a Commitment, in minimum increments of $5,000,000 (or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve (12) months after the date of this Agreement (“Incremental Loans”) pursuant to the terms of this Section 10.8, provided so that the total amount Commitments may be increased up to no more than $922,500,000. Any such Commitment increase must be effected by an amendment that is executed in accordance with Section 12.5 by Borrower, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in accordance with Section 12.5. No Lender is obligated to increase its Commitment under any circumstances, and no Lender’s Commitment may be increased except by its execution of Incremental an amendment to this Agreement in accordance with Section 12.5. Each new Lender providing such additional Commitment shall be a “Lender” hereunder, entitled to the rights and benefits, and subject to the duties, of a Lender under the Loan Documents. In such case, each Lender’s Commitment Percentage shall be recalculated to reflect the new proportionate share of the revised total Commitments. Borrower shall prepay any Loans outstanding on the effective date of any Commitment Increase effected hereby (and pay any additional amounts required pursuant to Section 4.5) to the extent necessary to keep the outstanding Revolving Loans (and any funded participations by Lenders under the Swing Line Subfacility and the LC Subfacility) ratable with any revised Commitment Percentages arising from any nonratable increase in the Commitments under this Section. Additionally, on the effective date of any Commitment increase, any unfunded participations in any Swing Line Loans or LC shall be adjusted to reflect the revised Commitment Percentages. All new Revolving Loans occurring after an increase of the total Commitments shall be limited to $100,000,000 funded in the aggregate. Each such request shall, at Kimcoaccordance with Lender’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental revised Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions: (a) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value shall be determined for the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(b)). Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, and shall be accompanied by a certificate of a Responsible Officer of Kimco to such effectPercentages.

Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date of this Agreement, Kimco Borrower may from time to time request any one or more Lenders to increase their respective Commitments or request other financial institutions first approved by Administrative Agent to agree to a Commitment, so that the total Commitments may be increased to no more than $600,000,000. Any such Commitment increase must be effected by an amendment that is executed in accordance with SECTION 12.5 by Borrower, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in accordance with SECTION 12.5. No Lender is obligated to increase its Commitment under any circumstances, and no Lender's Commitment may be increased except by its execution of an amendment to this Agreement in accordance with SECTION 12.5. Each new Lender providing such additional Commitment shall be a "Lender" hereunder, entitled to the rights and benefits, and subject to the duties, of a Lender under the Loan Documents. In such case, each Lender's Commitment Percentage shall be recalculated to reflect the new proportionate share of the revised total Commitments and the Lender responsible for the additional Commitments (“Incremental Commitments”)the "PURCHASING LENDER") shall, in minimum increments immediately upon receiving notice from Administrative Agent, pay to each Lender an amount equal to its pro rata share of $5,000,000 the Revolving Loans (or whole multiples and any funded participations by Lenders under the Swing Line Subfacility and the LC Subfacility) outstanding as of $1,000,000 in excess of $5,000,000), relating such date. All such payments with respect to the Revolving Loans shall reduce the outstanding principal balance owed to each Lender receiving such payments and shall represent Revolving Loans to Borrower by the purchasing Lender; all such payments with respect to funded participations under the Swing Line Subfacility or LC Subfacility (as the case may be) shall reduce the applicable participation of each Lender receiving such payment and shall represent the purchase by the purchasing Lender of a participation under the Swing Line Subfacility or the LC Subfacility (as the case may be). The purchasing Lender shall be borrowed after entitled to share ratably in interest accruing on the Effective Date but prior to balances purchased, at the date that is twelve (12) months rates provided herein for such balances, from and after the date of this Agreement (“Incremental Loans”) pursuant to the terms purchase. All new Revolving Loans occurring after an increase of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 funded in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, accordance with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Lender's revised Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions: (a) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of such date (provided that for the purposes of determining such compliance, Gross Asset Value shall be determined for the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(b)). Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, and shall be accompanied by a certificate of a Responsible Officer of Kimco to such effectPercentages.

Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months At any time after the date of this AgreementAvailability Date, Kimco the Borrower may request from time to time that the aggregate amount of the Commitments be increased; provided that, after giving effect to any such increase, (a) the aggregate amount of increases to the Commitments made pursuant to this Section shall at no time exceed $300,000,000, (b) the Borrower shall not be entitled to make any such request additional Commitments more frequently than once in each fiscal quarter, and (“Incremental Commitments”), c) each such request shall be in a minimum amount of at least $25,000,000 and increments of $5,000,000 25,000,000 in excess thereof. Such request shall be made in a written notice given to the Administrative Agent by the Borrower not less than fifteen (15) Business Days (or whole multiples such lesser number of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after days as the Effective Date but Administrative Agent shall agree) prior to the date that is twelve (12) months after the proposed effective date of this Agreement such increase, which notice (a “Incremental LoansCommitment Increase Notice”) pursuant to shall specify the terms of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 the proposed increase in the aggregate. Each Commitments and the proposed effective date of such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitmentincrease. No Lender shall have any obligation to provide an Incremental Commitmentincrease its Commitment pursuant to a Commitment Increase Notice. On or prior to the date that is ten (10) Business Days after receipt of the Commitment Increase Notice, nor each Lender shall submit to the Administrative Agent or a notice indicating the Lead Arrangers have any obligation to locate banks, financial institutions or other entities maximum amount by which it is willing to increase its Commitment in connection with such Commitment Increase Notice (any such notice to the Administrative Agent being referred to herein as a “Lender Increase Notice”). Any Lender which does not submit a Lender Increase Notice to the Administrative Agent prior to the expiration of such ten (10) Business Day period shall be deemed to have denied any increase in its Commitment. The Administrative Agent shall have the right, in consultation with the Borrower, to allocate the amount of increases necessary to meet the Borrower’s Commitment Increase Notice. The Administrative Agent shall assist and consult with the Borrower in an effort to identify financial institutions which may be interested in becoming parties to the Agreement and not later than three (3) Business Days prior to the proposed effective date the Borrower may notify the Administrative Agent of any financial institution that shall have agreed to become a “Lender” party hereto (a “Proposed New Lender”) in connection with the Commitment Increase Notice. Any Proposed New Lender shall be consented to by the Administrative Agent (which consent shall not be unreasonably withheld). If the total amount of the proposed commitment increases set forth in the Lender Increase Notices together with the total amount of the proposed commitments of any Proposed New Lender(s) does not equal or obtain such exceed the amount of the requested increase of the Commitments set forth in the relevant Commitment Increase Notice, then the Borrower shall be deemed to have reduced the amount of its Commitment Increase Notice to the aggregate amount set forth in the Lender Increase Notices and Proposed New Lender notices. The Administrative Agent shall notify the Borrower and the Lenders on or before the Business Day immediately prior to the proposed effective date of the amount of each Lender’s and Proposed New Lender’s Commitment (the “Effective Commitment Amount”) and the aggregate amount of the Commitments, as applicable. The form of documentation pursuant to which any such Incremental Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof amounts shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment effective on the applicable Borrowing Date, following Business Day. Any increase in the aggregate amount of the Commitments shall be subject to the following conditions: conditions precedent: (aA) Each as of the date of the Commitment Increase Notice and as of the proposed effective date of the increase in the aggregate amount of the Commitments, each of the representations and warranties made by Kimco in or pursuant to of the Loan Documents Borrower hereunder shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations (unless such representation and warranties expressly stated warranty specifically related back to relate to a specific an earlier date, in which case such representations representation and warranties were warranty shall have been true and correct in all material respects as of such earlier date; and (i) No Default or Event of Default and no event shall have occurred and then be continuing on which constitutes an Event of Default or Unmatured Event of Default, (B) the Borrower, the Administrative Agent and each Proposed New Lender or Lender that shall have agreed to provide a “Commitment” in support of such increase in the aggregate Commitments shall have executed and delivered a “Commitment and Acceptance” substantially in the form of Exhibit E hereto, (C) counsel for the Borrower shall have provided to the Administrative Agent supplemental opinions in form and substance reasonably satisfactory to the Administrative Agent and (D) the Borrower and the Proposed New Lenders shall otherwise have executed and delivered such other instruments and documents as may be required hereunder or that the Administrative Agent shall have reasonably requested in connection with such increase. If any fee shall be charged by the Lenders in connection with any such increase, such fee shall be in accordance with then prevailing market conditions, which market conditions shall have been reasonably documented by the Administrative Agent to the Borrower. Upon satisfaction of the conditions precedent to any increase in the aggregate amount of the Commitments, the Administrative Agent shall promptly advise the Borrowers and each Lender of the effective date of such increase. Upon the effective date of any increase or after giving effect thereto and (ii) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 7.1 if the ratio or amount referred to therein were to be calculated as of aggregate Commitments that is supported by a Proposed New Lender, such date (provided that for the purposes of determining such compliance, Gross Asset Value Proposed New Lender shall be determined for the most recent Test Period a party hereto as to which a compliance certificate has been delivered pursuant to Section 6.2(b)). Each Borrowing of Incremental Loans under this Section 10.8 shall constitute a representation and warranty by Kimco as the applicable Borrowing Date that the conditions contained in this Section 10.8 have been satisfied, Lender and shall be accompanied by a certificate have the rights and obligations of a Responsible Officer Lender hereunder. Nothing contained herein shall constitute, or otherwise be deemed to be, a commitment on the part of Kimco any Lender to such effectincrease its Commitment hereunder at any time.