8-K: Current report
Published on August 29, 2019
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported)
KIMCO REALTY CORPORATION
(Exact Name of registrant as specified in its charter)
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(State or other jurisdiction |
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(Commission File Number) |
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(IRS Employer |
Suite 100
(Address of principal executive offices) (Zip Code)
Registrant’s telephone number, including area code: (
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
Securities registered pursuant to Section 12(b) of the Act:
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Title of each class |
Trading Symbol(s) |
Name of each exchange on which registered |
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Depositary Shares, each representing one-thousandth of a share of |
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Depositary Shares, each representing one-thousandth of a share of |
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Depositary Shares, each representing one-thousandth of a share of |
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Depositary Shares, each representing one-thousandth of a share of |
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Depositary Shares, each representing one-thousandth of a share of |
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Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter). Emerging growth company
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
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Item 1.01. |
Entry Into a Material Definitive Agreement. |
On August 29, 2019, Kimco Realty Corporation (“Kimco”) completed an underwritten public offering of $350 million in aggregate principal amount of its 3.700% Notes due 2049 (the “Notes”). The Notes are governed by the Indenture, dated as of September 1, 1993, as amended by the First Supplemental Indenture, dated as of August 4, 1994, the Second Supplemental Indenture, dated as of April 7, 1995, the Third Supplemental Indenture, dated as of June 2, 2006, the Fourth Supplemental Indenture, dated as of April 26, 2007, the Fifth Supplemental Indenture, dated as of September 24, 2009, the Sixth Supplemental Indenture, dated as of May 23, 2013, and the Seventh Supplemental Indenture, dated as of April 24, 2014, and as further amended or supplemented from time to time, between Kimco and The Bank of New York Mellon (as successor to IBJ Schroder Bank & Trust Company), as trustee. A copy of the form of Global Note for the 3.700% Notes due 2049 is attached hereto as Exhibit 4.1 and is incorporated herein by reference.
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Item 9.01. |
Financial Statements and Exhibits. |
(d) Exhibits
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Exhibit No. |
Description |
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4.1 |
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5.1(a) |
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5.1(b) |
Opinion of Venable LLP, as to the legality of the 3.700% Notes due 2049, dated August 29, 2019 |
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23.1(a) |
Consent of Latham & Watkins LLP (contained in the opinion filed as Exhibit 5.1(a)) |
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23.1(b) |
Consent of Venable LLP (contained in the opinion filed as Exhibit 5.1(b)) |
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104 |
Cover Page Interactive Data File (the cover page XBRL tags are embedded within the Inline XBRL document) |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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KIMCO REALTY CORPORATION |
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Date: August 29, 2019 |
By: |
/s/ Glenn G. Cohen |
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Name: |
Glenn G. Cohen |
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Title: |
Chief Financial Officer |