-----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, WV6xvt3LuR6lRp3jVebGvj1HgcVFQ2CcZ05GtqfUyrCzLj/6QpK7BDPg3i9YKR4Y OfpBA06hc4XDr4pSHsyD1g== 0001398432-09-000535.txt : 20091216 0001398432-09-000535.hdr.sgml : 20091216 20091216160906 ACCESSION NUMBER: 0001398432-09-000535 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091216 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20091216 DATE AS OF CHANGE: 20091216 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: 091244725 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 i10725.htm 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): December 16, 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 7.01 Regulation FD Disclosure


Please refer to Exhibit 99.1, which is incorporated into this Item 7.01 by reference.


The information in this item shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liabilities of Section 18, nor shall it be deemed incorporated by reference into any disclosure document relating to the company, except to the extent, if any, expressly set forth by specific reference in such filing.


Item 9.01

Financial Statements and Exhibits


(c) Exhibits


Exhibit No.

 

Description

 

 

 

99.1

 

Press Release, dated December 16, 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:  December 16, 2009








EXHIBIT INDEX


Exhibit No.

 

Description

 

 

 

99.1

 

Press Release, dated December 16, 2009, issued by Kimco Realty Corporation.






 EX-99.1 2 ex99_1.htm Exhibit 99.1

Exhibit 99.1


Listed on the New York Stock Exchange (KIM)                                                                                            NEWS RELEASE



Kimco Realty Corporation Announces Underwriters’ Exercise Of The Over-Allotment Option

NEW HYDE PARK, NY, December 16, 2009 – Kimco Realty Corporation (NYSE: KIM) today announced  that the underwriters have exercised, in full, their over-allotment option to purchase 3,750,000 additional shares of common stock in connection with the company’s previously announced public offering of 25,000,000 shares.  The shares were offered to the public at a price per share of $12.50.

The company expects to use the net proceeds received from the exercise of the over-allotment option, which are expected to be approximately $45 million, to partially repay amounts borrowed under its $1.5 billion unsecured U.S. revolving credit facility.  The company’s $1.5 billion unsecured U.S. revolving credit facility is scheduled to mature in October 2011. The company has an option to extend the facility for an additional one year term. Amounts outstanding thereunder bear interest at an annual rate of LIBOR plus a spread, which spread is currently 0.425%.  Any remaining net proceeds from this offering will be used for general corporate purposes.

Deutsche Bank Securities, BofA Merrill Lynch and Citi acted as joint book-running managers for the offering. Morgan Stanley, RBC Capital Markets, Scotia Capital and Wells Fargo Securities acted as joint lead managers.  Barclays Capital, CIBC, Morgan Keegan & Company, UBS Investment Bank, Piper Jaffray, RBS and Stifel Nicolaus acted as co-managers. Subject to customary conditions, the settlement of the shares issued pursuant to the over-allotment option is expected to occur on or about December 21, 2009.

This press release shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the common stock in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction.

A copy of the final prospectus supplement and prospectus relating to these securities may be obtained by contacting Deutsche Bank Securities, Attention: Prospectus Department, 100 Plaza One, Jersey City, New Jersey 07311, telephone: (800) 503-4611 or e-mail at prospectusrequest@list.db.com; BofA Merrill Lynch, Attention: Preliminary Prospectus Department, 4 World Financial Center, New York, New York 10080, or e-mail at Prospectus.Requests@ml.com; or Citi, Brooklyn Army Terminal, 140 58th Street, 8th Floor, Brooklyn, New York 11220.

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.

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 for eign currency 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 company 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 sections titled “Risk Factors” in the prospectus supplement and the accompanying prospectus for this offering and 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:

Kimco Realty Corporation

Barbara Pooley, 1-866-831-4297

senior vice president, finance & investor relations



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