FILING FEES TABLE
Published on September 15, 2023
Exhibit 107
Calculation of Filing Fee Table
424(b)(5)
(Form Type)
Kimco Realty Corporation
(Exact Name of Registrant as Specified in its Charter)
Table 1: Newly Registered and Carry Forward Securities
|
Security Type
|
Security
Class Title |
Fee Calculation or
Carry Forward Rule |
Amount
Registered |
Proposed
Maximum Offering Price Per Unit |
Maximum
Aggregate Offering Price |
Fee Rate
|
Amount of
Registration Fee |
||||||||||
|
Newly Registered Securities
|
|||||||||||||||||
|
Fees to be Paid
|
Equity
|
Common Stock, $0.01 par value per share
|
Rule 457(o)(1)
|
—
|
—
|
$500,000,000.00
|
0.0001102
|
$55,100.00
|
|||||||||
|
Fees Previously Paid
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|||||||||
|
Total Offering Amounts
|
$500,000,000.00
|
$55,100.00
|
|||||||||||||||
|
Total Fees Previously Paid
|
—
|
||||||||||||||||
|
Total Fee Offsets
|
$45,389.00
|
||||||||||||||||
|
Net Fee Due
|
$9,711.00
|
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|
(1)
|
The registration fee is calculated in accordance with Rule 457(o) under the Securities Act of 1933, as amended (the “Securities Act”), based on the
proposed maximum aggregate offering price, and Rule 457(r) under the Securities Act. In accordance with Rules 456(b) and 457(r) under the Securities Act, the registrant initially deferred payment of all of the registration fee for
Registration Statement No. 333-269102, except with respect to unsold securities that have been previously registered.
|
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Table 2: Fee Offset Claims and Sources
|
Registrant or
Filer Name |
Form or
Filing Type |
File Number
|
Initial
Filing Date |
Filing Date
|
Fee Offset Claimed
|
Security
Type Associated with Fee Offset Claimed |
Security
Title Associated with Fee Offset Claimed |
Unsold
Securities Associated with Fee Offset Claimed |
Unsold Aggregate
Offering Amount Associated with Fee Offset Claimed |
Fee Paid with
Fee Offset Source |
||||||||||||||
|
Rule 457(p)
|
||||||||||||||||||||||||
|
Fee Offset Claims
|
Kimco Realty Corporation
|
424b5
|
333-258872
|
August 17, 2021
|
—
|
$9,711.00
(1)
|
Equity
|
Common Stock, $0.01 par value per share
|
—
|
$410,989,862.43
|
—
|
|||||||||||||
|
Fee Offset Sources
|
Kimco Realty Corporation
|
424b5
|
333-258872
|
—
|
August 17, 2021
|
—
|
—
|
—
|
—
|
—
|
$45,389.00
|
|||||||||||||
|
(1)
|
Kimco Realty Corporation (the “Company”) is registering shares of common stock having a proposed maximum aggregate offering price of up to
$500,000,000 pursuant to the prospectus supplement to which this Exhibit 107 relates (the “Current Prospectus Supplement”). The Company has previously registered shares of common stock having an aggregate offering price of up to $500,000,000,
offered by means of a prospectus supplement dated August 17, 2021 (the “2021 Prospectus Supplement”) and an accompanying prospectus dated August 17, 2021 pursuant to a Registration Statement on Form S-3 (Registration No. 333-258872) filed on August 17, 2021 (the “2021 Registration Statement”). In connection with the filing of the 2021 Prospectus Supplement, the Company made a
contemporaneous fee payment in the amount of $54,550.00. Of those shares of common stock, shares of common stock having an aggregate offering price of $89,010,137.57 have been sold as of the date hereof pursuant to the 2021 Prospectus
Supplement. Shares of common stock having a proposed maximum offering price of $410,989,862.43 that are being registered pursuant to the Current Prospectus Supplement represent unsold securities previously registered pursuant to the 2021
Prospectus Supplement. Pursuant to Rule 457(p) under the Securities Act, $45,389.00 of the registration fees that were paid with respect to securities that
were previously registered pursuant to the 2021 Prospectus Supplement and were not sold thereunder is offset against the registration fee of $55,120.00 due for this offering. The remaining balance of the registration fee, $9,711.00 is being paid herewith in connection with the filing of the Current Prospectus Supplement. The Company has terminated the offering that included the
unsold securities under the 2021 Prospectus Supplement.
|
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