THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • May 7th, 2010 • Kimco Realty Corp • Real estate investment trusts
WHEREAS in and by an Indenture dated as of April 21, 2005 by and among the Issuer, the Guarantor and the Trustee (hereinafter called the “Initial Indenture” and, as amended and supplemented pursuant to the First Supplemental Indenture (the “First Supplement”) made as of June 2, 2006, and the Second Supplemental Indenture made as of August 16, 2006, hereinafter called the “Original Indenture”), provision was made for the issue by the Issuer of Notes;
UNDERWRITING AGREEMENTUnderwriting Agreement • May 7th, 2010 • Kimco Realty Corp • Real estate investment trusts • Ontario
The undersigned, RBC Dominion Securities Inc. (“RBC DS”), Scotia Capital Inc. (“Scotia Capital”) and CIBC World Markets Inc. (collectively, the “Underwriters” and each individually, an “Underwriter”) understand that Kimco North Trust III (the “Trust”), a trust benefiting Kimco Realty Corporation (“Kimco”), intends to create, issue and sell $150,000,000 principal amount of 5.99% Series 3 Notes due April 13, 2018 (the “Notes”) on the terms set out in Schedule A (the “Term Sheet”). The Notes will be direct, unsubordinated unsecured obligations and will rank pari passu with all other present and future unsecured, unsubordinated indebtedness of the Trust. The Notes are to be issued pursuant to an indenture (the “Note Indenture”) dated April 21, 2005, as amended by a First Supplemental Indenture dated June 2, 2006, a Second Supplemental Indenture dated August 16, 2006 and a Third Supplemental Indenture to be dated as of the Closing Time, between the Trust and BNY Trust Company of Canada, as
