-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SeBrO0rbASvav6jw5cwiyzt5D/pD/qUdRB9pOH5EHdBQuJ1sLojb9ZrFq9XovTJZ MeP61h5ZmDh+ftTbz3ZS3g== 0001398432-09-000449.txt : 20091103 0001398432-09-000449.hdr.sgml : 20091103 20091103160032 ACCESSION NUMBER: 0001398432-09-000449 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091103 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20091103 DATE AS OF CHANGE: 20091103 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KIMCO REALTY CORP CENTRAL INDEX KEY: 0000879101 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 132744380 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-10899 FILM NUMBER: 091154470 BUSINESS ADDRESS: STREET 1: 3333 NEW HYDE PARK RD STREET 2: PO BOX 5020 CITY: NEW HYDE PARK STATE: NY ZIP: 11042 BUSINESS PHONE: 5168699000 MAIL ADDRESS: STREET 1: 3333 NEW HYDE PARK ROAD STREET 2: PO BOX 5020 CITY: NEW HYDE PARKQ STATE: NY ZIP: 11042 8-K 1 i10673.htm FORM 8-K Kimco 8-K



UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549


FORM 8-K


CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF

THE SECURITIES EXCHANGE ACT OF 1934


Date of Report (Date of earliest event reported): November 3, 2009


KIMCO REALTY CORPORATION

 (Exact Name of Registrant as Specified in Charter)


Maryland

1-10899

13-2744380

(State or Other Jurisdiction of

(Commission

(I.R.S. Employer

Incorporation or Organization)

File Number)

Identification No.)


3333 New Hyde Park Road, Suite 100

New Hyde Park, NY

 

11042

(Address of Principal Executive Offices)

 

(Zip Code)


(516) 869-9000

 (Registrant’s telephone number, including area code)


Not applicable

(Former name of former address, if changed since last report.)


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:


[_]

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[_]

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17CFR 240.14a-12)

[_]

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[_]

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))






Item 5.02.   Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers.


On November 3, 2009, Kimco Realty Corporation (the “Company”) announced that, effective December 31, 2009, David B. Henry, 60, has been appointed by the board of directors to serve as the Company’s chief executive officer. Thereafter, Milton Cooper will continue to serve as executive chairman of the Company’s board of directors but will no longer function as the Company’s chief executive officer. The Company’s press release describing these events is attached as Exhibit 99.1 hereto and is incorporated by reference herein.


Item 9.01

Financial Statements and Exhibits


(c) Exhibits


Exhibit No.

 

Description

 

 

 

99.1

 

Press Release, dated November 3, 2009, issued by Kimco Realty Corporation.




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.


KIMCO REALTY CORPORATION


By:

/s/ Michael V. Pappagallo

Name:

Michael V. Pappagallo

Title:

Executive Vice President,

Chief Financial Officer, and

Chief Administrative Officer


Date:  November 3, 2009








EXHIBIT INDEX


Exhibit No.

 

Description

 

 

 

99.1

 

Press Release, dated November 3, 2009, issued by Kimco Realty Corporation.






 EX-99.1 2 ex99_1.htm PRESS RELEASE, DATED NOVEMBER 3, 2009, ISSUED BY KIMCO REALTY CORPORATION Exhibit 99.1

Exhibit 99.1


David B. Henry succeeds Milton Cooper as CEO of Kimco Realty Corporation; Cooper remains Executive Chairman



NEW HYDE PARK, NY – November 3, 2009 – Kimco Realty Corporation (NYSE: KIM) announced today the appointment by the board of directors of David B. Henry as chief executive officer of the company effective December 31, 2009.  Milton Cooper will continue to serve as executive chairman of the board of directors.  Mr. Cooper will also continue to lead the office of the chairman, which includes Mr. Henry, Michael V. Pappagallo, chief financial officer and chief administrative officer, and David. R. Lukes, chief operating officer.


Mr. Henry joined Kimco in 2001 as vice chairman and chief investment officer after 23 years with GE Real Estate.  In November of 2008, he was named President.  Mr. Henry is a trustee of the International Council of Shopping Centers (ICSC) and currently serves on the board of directors of Health Care Properties, Inc. (HCP).  He graduated from Bucknell University in 1971 with a Bachelor of Science in Business Administration and received his MBA from the University of Miami.


About Kimco

Kimco Realty Corporation, a real estate investment trust (REIT), owns and operates North America’s largest portfolio of neighborhood and community shopping centers.  As of September 30, 2009, the company owned interests in 1,462 retail properties comprising 153 million square feet of leasable space across 45 states, Puerto Rico, Canada, Mexico and South America. Publicly traded on the NYSE under the symbol KIM and included in the S&P 500 Index, the company has specialized in shopping center acquisitions, development and management for 50 years. For further information, visit the company's web site at www.kimcorealty.com.


Safe Harbor Statement

The statements in this release state the company's and management's intentions, beliefs, expectations or projections of the future and are forward-looking statements. It is important to note that the company's actual results could differ materially from those projected in such forward-looking statements. Factors that could cause actual results to differ materially from current expectations include, but are not limited to, (i) general adverse economic and local real estate conditions, including the current economic recession, (ii) the inability of major tenants to continue paying their rent obligations due to bankruptcy, insolvency or a general downturn in their business, (iii) financing risks, such as the inability to obtain equity, debt, or other sources of financing or refinancing on favorable terms, (iv) the company’s ability to raise capital by selling its assets, (v) changes in governmental laws and regulations, (vi) the level and volatility of interest rates and foreign curre ncy exchange rates, (vii) the availability of suitable acquisition opportunities, (viii) valuation of joint venture investments, (ix) valuation of marketable securities and other investments, (x) increases in operating costs, (xi) changes in the dividend policy for our common stock, (xii) the reduction in our income in the event of multiple lease terminations by tenants or a failure by multiple tenants to occupy their premises in a shopping center, (xiii) impairment charges and (xiv) unanticipated changes in the company’s intention or ability to prepay certain debt prior to maturity and/or hold certain securities until maturity. Additional information concerning factors that could cause actual results to differ materially from those forward-looking statements is contained from time to time in the company's Securities and Exchange Commission filings, including but not limited to the company's Annual Report on Form 10-K for the year ended December 31, 2008. Copies of each filing may be obtained from the c ompany or the Securities and Exchange Commission.


The company refers you to the documents filed by the company from time to time with the Securities and Exchange Commission, specifically the section titled "Risk Factors" in the company's Annual Report on Form 10-K for the year ended December 31, 2008, as may be updated or supplemented in the company’s Form 10-Q filings, which discuss these and other factors that could adversely affect the company's results.


- # # # -


CONTACT: Barbara Pooley, senior vice president, finance & investor relations, 1-866-831-4297




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