AGENCY AGREEMENTAgency Agreement • August 2nd, 2013 • Kimco Realty Corp • Real estate investment trusts • Ontario
The undersigned, Scotia Capital Inc. (“Scotia Capital”), RBC Dominion Securities Inc. (“RBC DS”), CIBC World Markets Inc. (“CIBC WM”) and National Bank Financial Inc. (“NBF”) (collectively, the “Agents” and each individually, an “Agent”) understand that Kimco North Trust III (the “Trust”), a trust benefiting Kimco Realty Corporation (“Kimco”), intends to create, issue and sell, by way of private placement, $200,000,000 principal amount of 3.855% Series 4 Notes due August 4, 2020 (the “Notes”) on the terms set out in Schedule A (the “Term Sheet”), and has agreed to appoint the Agents as exclusive agents of the Trust for that purpose. The Agents agree to act severally as exclusive agents of the Trust and to use their best efforts to arrange for the sale of the Notes. The Agents are not under any obligation to purchase Notes but may do so in their sole discretion. The Notes will be direct, unsubordinated unsecured obligations and will rank pari passu with all other present and future unse
FOURTH SUPPLEMENTAL INDENTUREFourth Supplemental Indenture • August 2nd, 2013 • 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 made as of June 2, 2006, the Second Supplemental Indenture made as of August 16, 2006, and the Third Supplemental Indenture made as of April 13, 2010, hereinafter called the “Original Indenture”), provision was made for the issue by the Issuer of Securities;
