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KIM > SEC Filings for KIM > Form 8-K on 30-Nov-2012All Recent SEC Filings

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Form 8-K for KIMCO REALTY CORP


30-Nov-2012

Entry into a Material Definitive Agreement, Financial Statements and Exhibits


Item 1.01 Entry into a Material Definitive Agreement.

On November 28, 2012, Kimco Realty Corporation, a Maryland corporation
("Kimco"), entered into an underwriting agreement (the "Underwriting Agreement")
with Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., UBS Securities LLC and Wells Fargo Securities, LLC (the "Underwriters"), pursuant to which Kimco agreed to sell to the Underwriters 7,000,000 depositary shares plus up to an additional 1,050,000 depositary shares if the Underwriters exercise their 30-day over-allotment option in full (the "Depositary Shares"), each representing 1/1000 of a Share of 5.625% Class K Cumulative Redeemable Preferred Stock, $1.00 par value per share. The Depositary Shares are being offered and sold under a prospectus supplement and related prospectus filed with the Securities and Exchange Commission ("SEC") pursuant to Kimco's shelf registration statement on Form S-3 (File No. 333-180833). A copy of the Underwriting Agreement is attached hereto as Exhibit 1.1 and is incorporated by reference herein.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

Exhibit No.   Description
1.1           Underwriting Agreement, dated November 28, 2012, by and among
              Kimco Realty Corporation and Merrill Lynch, Pierce, Fenner &
              Smith Incorporated, Citigroup Global Markets Inc., UBS
              Securities LLC and Wells Fargo Securities, LLC.

5.1           Opinion of Venable LLP dated November 29, 2012, as to the
              legality of the Depositary Shares, par value $1.00 per share.


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