KIMCO REALTY CORP — fact timeline

KIMCO REALTY CORP underwent a change of control involving New KRC Corp. (Holdco) and KRC Merger Sub Corp. for Each share of Old Kimco Common Stock was converted into one share of New Kimco Common Stock; each share of Old Kimco Class L Preferred Stock and Class M Preferr (closed 2023-01-01).

“Effective as of 12:01 a.m., New York time, on January 1, 2023, pursuant to the Merger Agreement, Merger Sub merged with and into Old Kimco, with Old Kimco continuing as the surviving entity and a wholly-owned subsidiary of Holdco (the “ Merger ”).”

KIMCO REALTY CORP amended Amendment No. 3 to Amended and Restated Credit Agreement with Kimco OP, New Kimco and JPMorgan Chase Bank, N.A. valued at Amendment to credit agreement providing for certain modifications (effective 2023-01-03).

“On January 3, 2023, Kimco OP, as successor by conversion to Old Kimco, New Kimco and JPMorgan Chase Bank, N.A., as administrative agent (the “ Administrative Agent ”) entered into Amendment No. 3 (the “ Amendment ”) to that certain Amended and Restated Credit Agreement dated as of February 27, 2020 (as previously amended, the “ Existing Credit Agreement ”) among Old Kimco, the Administrative Agent and the other parties thereto.”

KIMCO REALTY CORP entered into Merger Agreement with Old Kimco and New Kimco valued at One-for-one conversion of all outstanding shares of Old Kimco into shares of New Kimco (effective 2023-01-01).

“As disclosed above, the Merger became effective on January 1, 2023. The Merger, which was unanimously approved by Old Kimco’s board of directors on December 14, 2022, was conducted in accordance with Section 3-106.2 of the Maryland General Corporation Law.”

KIMCO REALTY CORP: Filed articles supplementary to reclassify certain unissued preferred shares as shares without designation (effective 2022-12-15).

“On December 15, 2022, Kimco Realty Corporation, a Maryland corporation (“ Kimco ”), filed with the State Department of Assessments and Taxation (the “ SDAT ”) articles supplementary (the “ Articles Supplementary ”) to its charter to reclassify all of the authorized but unissued shares of 6.000% Class I Cumulative Redeemable Preferred Stock, $1.00 par value per share, 5.625% Class K Cumulative Redeemable Preferred Stock, $1.00 par value per share, Class F Excess Preferred Stock, $1.00 par value per share, Class G Excess Preferred Stock, $1.00 par value per share, Class H Excess Preferred Stock, $1.00 par value per share, Class I Excess Preferred Stock, $1.00 par value per share, Class J Excess Preferred Stock, $1.00 par value per share, and Class K Excess Preferred Stock, $1.00 par value per share, as shares of our preferred stock without designation.”