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KIM > SEC Filings for KIM > Form 8-K on 22-Apr-2009All Recent SEC Filings

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Form 8-K for KIMCO REALTY CORP


22-Apr-2009

Entry into a Material Definitive Agreement, Creation of a Direct Financial Obli


Item 1.01. Entry into a Material Definitive Agreement.

On April 17, 2009, Kimco Realty Corporation (the "Company") entered into a $220,000,000 unsecured term loan credit facility pursuant to a Credit Agreement, dated as of April 17, 2009, among the Company, The Bank of Nova Scotia, as administrative agent, joint lead arranger and joint bookrunner, RBC Capital Markets, as syndication agent, joint lead arranger and joint bookrunner, PNC Bank, National Association, Regions Bank and U.S. Bank National Association as documentation agents, and The Bank of Nova Scotia, Royal Bank of Canada, PNC Bank, National Association, Regions Bank, U.S. Bank National Association, Deutsche Bank Trust Company Americas, UBS Loan Finance LLC, Bank of America, N.A., CIBC Inc., Citicorp North America, Inc., Wells Fargo Bank NA and Barclays Bank PLC as lenders (the "Credit Agreement").

Interest on the loans under the Credit Agreement accrues at a spread (currently 4.65%) to LIBOR (subject to a 2% LIBOR floor) or, at the Company's option, at a spread (currently 3.65%) to the "ABR," as defined in the Credit Agreement, and in each case fluctuates in accordance with changes in the Company's senior unsecured debt ratings. Voluntary prepayments of loans are permitted in whole or in part, in minimum amounts and subject to certain other limitations.

The credit facility is scheduled to expire in April 2011. Pursuant to the terms of the Credit Agreement, the Company is subject to requirements including covenants requiring the maintenance of (i) maximum leverage ratios on both unsecured and secured debt and (ii) unsecured interest expense and fixed charge coverage ratios. The Credit Agreement also contains customary representations and warranties, affirmative covenants, notice provisions, and events of default, including change of control, cross-defaults to other debt, and judgment defaults. Certain wholly-owned subsidiaries of the Company are guarantors of the Company's obligations under the Credit Agreement.

The Company borrowed $220,000,000 under the Credit Agreement on April 17, 2009, and used the proceeds to repay certain outstanding amounts under its existing U.S. unsecured revolving credit facility dated October 25, 2007.

The foregoing description of the Credit Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the Credit Agreement, which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.



Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

The information in Item 1.01 of this Current Report on Form 8-K is incorporated into this Item 2.03 by reference.




Item 9.01 Financial Statements and Exhibits.

(d)

The following exhibit is filed with this report:

Exhibit No.      Description of Exhibit
   10.1          Credit Agreement, dated as of April 17, 2009, among the Company,
                 The Bank of Nova Scotia, as administrative agent, joint lead
                 arranger and joint bookrunner, RBC Capital Markets, as
                 syndication agent, joint lead arranger and joint bookrunner, PNC
                 Bank, National Association, Regions Bank and U.S. Bank National
                 Association as documentation agents, and The Bank of Nova
                 Scotia, Royal Bank of Canada, PNC Bank, National Association,
                 Regions Bank, U.S. Bank National Association, Deutsche Bank
                 Trust Company Americas, UBS Loan Finance LLC, Bank of America,
                 N.A., CIBC Inc., Citicorp North America, Inc., Wells Fargo Bank
                 NA and Barclays Bank PLC as lenders


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