Common Contracts

LETTER OF TRANSMITTAL SAMPLE

January 6th, 2021

• Filed
  January 6th, 2021

This Letter of Transmittal (“Letter of Transmittal”) is being delivered in connection with the Agreement and Plan of Merger, dated as of April 2, 2013 (the “Merger Agreement”), by and among Kimco Realty Services, Inc. (“ KRS ”), FNC Acquisition Co., Inc. (“Merger Sub”) and FNC Realty Corporation (“FNC”) providing for the merger of Merger Sub with and into FNC (the “Merger”). The Merger was consummated on Aprial 2, 2013. Each book-entry or certificated share of FNC common stock (other than shares of common stock owned by KRS (or its affiliates), treasury shares or shares for which appraisal rights are properly exercised under Delaware law) formerly representing any such shares has been converted automatically, without the requirement of any exchange thereof, into the right to receive $0.73 in cash in exchange for each former share of FNC (the “Merger Consideration”).