COMMON STOCK, WARRANTS TO PURCHASE COMMON STOCK, PREFERRED STOCK AND DEPOSITARY SHARES UNDERWRITING AGREEMENTUnderwriting Agreement • April 24th, 2009 • Kimco Realty Corp • Real estate investment trusts • New York
Kimco Realty Corporation, a Maryland corporation (the “Company”), proposes to issue and sell shares of Common Stock, $.01 par value per share (the “Common Stock”), or warrants to purchase a number of shares of Common Stock (the “Common Stock Warrants”), or both, or shares of Preferred Stock, $ 1.00 par value per share (the “Preferred Shares”), from time to time, in one or more offerings on terms to be determined at the time of sale. The Preferred Shares may be offered in the form of depositary shares (the “Depositary Shares”) represented by depositary receipts (the “Depositary Receipts”). The Common Stock Warrants will be issued pursuant to a Common Stock Warrant Agreement (the “Warrant Agreement”), between the Company and a warrant agent (the “Warrant Agent”). Each series of Preferred Shares may vary as to the specific number of shares, title, stated value, liquidation preference, issuance price, ranking, dividend rate or rates (or method of calculation), dividend payment dates, any r
THIRD SUPPLEMENTAL INDENTURE dated as of June 2, 2006 between KIMCO REALTY CORPORATION and THE BANK OF NEW YORK, as Trustee SENIOR DEBT SECURITIES of KIMCO REALTY CORPORATIONThird Supplemental Indenture • April 24th, 2009 • Kimco Realty Corp • Real estate investment trusts • New York
THIS THIRD SUPPLEMENTAL INDENTURE is entered into as of June 2, 2006 (the "Third Supplemental Indenture"), by and between Kimco Realty Corporation, a Maryland corporation (the "Maryland Company"), and The Bank of New York (successor by merger to IBJ Schroder Bank & Trust Company), a corporation organized under the laws of the State of New York, as trustee (the "Trustee").
