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Item 16. Form 10-K Summary

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Item 16. Form 10-K Summary

None.

INDEX TO EXHIBITS

Incorporated by Reference
Exhibit NumberExhibit DescriptionFormFile No.Date of FilingExhibit NumberFiled/ Furnished HerewithPage Number
2.1Agreement and Plan of Merger, dated as of April 15, 2021, by and between Kimco Realty Corporation and Weingarten Realty Investors.8-K1-1089904/15/212.1
2.2Agreement and Plan of Merger, dated December 15, 2022, by and among Kimco, New Kimco and Merger Sub.8-K1-1089912/15/222.1
2.3Agreement and Plan of Merger, dated as of August 28, 2023, by and among Kimco Realty Corporation, Kimco Realty OP, LLC, Tarpon Acquisition Sub, LLC, Tarpon OP Acquisition Sub, LLC, RPT Realty, and RPT Realty, L.P.8-K1-1089908/28/232.1
3.1Articles of Merger8-K12B1-1089901/03/233.3
3.2Articles of Amendment and Restatement of Kimco Realty Corporation8-K12B1-1089901/03/233.1
3.3Articles Supplementary of Kimco Realty Corporation with respect to Kimco Class N Preferred Stock8-K1-1089901/02/243.2
3.4Certificate of Correction to Articles Supplementary of Kimco Realty Corporation with respect to Kimco Class N Preferred Stock————*
3.5Amended and Restated Bylaws of Kimco Realty Corporation10-Q1-1089907/28/233.1
3.6Certificate of Formation of Kimco Realty OP, LLC8-K12B1-1089901/03/233.4
3.7Amended and Restated Limited Liability Company Agreement of Kimco Realty OP, LLC, dated as of January 2, 20248-K1-1089901/02/243.1
4.1Indenture dated September 1, 1993, between Kimco Realty Corporation and Bank of New York (as successor to IBJ Schroder Bank and Trust Company)S-3333-6755209/10/934(a)
4.2First Supplemental Indenture, dated August 4, 1994, between Kimco Realty Corporation and Bank of New York (as successor to IBJ Schroder Bank and Trust Company)10-K1-1089903/28/964.6
4.3Second Supplemental Indenture, dated April 7, 1995, between Kimco Realty Corporation and Bank of New York (as successor to IBJ Schroder Bank and Trust Company)8-K1-1089904/07/954(a)
4.4Third Supplemental Indenture, dated June 2, 2006, between Kimco Realty Corporation and The Bank of New York, as Trustee8-K1-1089906/05/064.1
4.5Fourth Supplemental Indenture, dated April 26, 2007, between Kimco Realty Corporation and The Bank of New York, as Trustee8-K1-1089904/26/071.3
4.6Fourth Supplemental Indenture, dated as of January 3, 2023, between Kimco Realty OP, LLC, as issuer, Kimco Realty Corporation, as guarantor, and The Bank of New York Mellon Trust Company, N.A., as Trustee8-K12B1-1089901/03/234.2
4.7Fifth Supplemental Indenture, dated September 24, 2009, between Kimco Realty Corporation and The Bank of New York Mellon, as Trustee8-K1-1089909/24/094.1
4.8Sixth Supplemental Indenture, dated May 23, 2013, between Kimco Realty Corporation and The Bank of New York Mellon, as Trustee8-K1-1089905/23/134.1
4.9Seventh Supplemental Indenture, dated April 24, 2014, between Kimco Realty Corporation and The Bank of New York Mellon, as Trustee8-K1-1089904/24/144.1
4.10Eighth Supplemental Indenture, dated as of January 3, 2023, between Kimco Realty OP, LLC, as issuer, Kimco Realty Corporation, as guarantor, and The Bank of New York Mellon Trust Company, N.A., as Trustee8-K12B1-1089901/03/234.1
Incorporated by Reference
Exhibit NumberExhibit DescriptionFormFile No.Date of FilingExhibit NumberFiled/ Furnished HerewithPage Number
4.11Form of Indenture for Senior Debt Securities, among Kimco Realty Corporation, an issuer, Kimco Realty OP, LLC, as guarantor, and The Bank of New York Mellon, as TrusteeS-3ASR333-26910201/03/234(j)
4.12Description of Securities————*
4.13Form of Indenture for Senior Debt Securities dated as of May 1, 1995 between Weingarten Realty Investors and The Bank of New York Mellon Trust Company, N.A. (successor to J.P. Morgan Trust Company, National Association, successor to Texas Commerce Bank National Association).S-333-5765902/10/954(a)
4.14First Supplemental Indenture, dated August 2, 2006, between Weingarten Realty Investors and The Bank of New York Mellon Trust Company, N.A. (successor to J.P. Morgan Trust Company, National Association, successor to Texas Commerce Bank National Association).8-K1-0987608/02/064.1
4.15Second Supplemental Indenture, dated October 9, 2012, between Weingarten Realty Investors and The Bank of New York Mellon Trust Company, N.A. (successor to J.P. Morgan Trust Company, National Association, successor to Texas Commerce Bank National Association).8-K1-0987610/09/124.1
4.16Third Supplemental Indenture, dated August 3, 2021, between Kimco Realty Corporation, Weingarten Realty Investors and The Bank of New York Mellon Trust Company, N.A. (successor to J.P. Morgan Trust Company, National Association, successor to Texas Commerce Bank National Association).10-K1-1089902/24/234.16
4.17Fourth Supplemental Indenture, dated January 3, 2023, between Kimco Realty Corporation (successor in interest to Weingarten Realty Investors) and The Bank of New York Mellon Trust Company, N.A. (successor to J.P. Morgan Trust Company, National Association, successor to Texas Commerce Bank National Association).8-K12B1-1089901/03/234.2
4.18Form of Deposit Agreement, dated as of January 2, 2024, between Kimco Realty Corporation and Equiniti Trust Company, LLC, and the holders from time to time of the Depositary Receipts described therein, dated as of January 2, 20248-K1-1089901/03/244.1
10.1Amended and Restated Stock Option Plan10-K1-1089903/28/9510.3
10.2Second Amended and Restated 1998 Equity Participation Plan of Kimco Realty Corporation (restated February 25, 2009)10-K1-1089902/27/0910.9
10.3Kimco Realty Corporation Executive Severance Plan, dated March 15, 20108-K1-1089903/19/1010.5
10.4Restated Kimco Realty Corporation 2010 Equity Participation Plan10-K1-1089902/27/1710.6
10.5Amendment No. 1 to the Kimco Realty Corporation 2010 Equity Participation Plan10-K1-1089902/23/1810.7
10.6Amendment No. 2 to the Kimco Realty Corporation 2010 Equity Participation Plan8-K12B1-1089901/03/2310.7
10.7Form of Performance Share Award Grant Notice and Performance Share Award Agreement8-K1-1089903/19/1010.8
10.8First Amendment to the Kimco Realty Corporation Executive Severance Plan, dated March 20, 201210-Q1-1089905/10/1210.3
10.9Amended and Restated Credit Agreement, dated as of February 27, 2020, among Kimco Realty Corporation, the subsidiaries of Kimco from time to time parties thereto, the several banks, financial institutions and other entities from time to time party thereto and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders thereunder8-K1-1089903/02/2010.1
10.10Kimco Realty Corporation 2020 Equity Participation PlanDEF 14A1-1089903/18/20Annex B
10.11Kimco Realty Corporation Amended and Restated 2020 Equity Participation Plan8-K12B1-1089901/03/2310.8
Incorporated by Reference
Exhibit NumberExhibit DescriptionFormFile No.Date of FilingExhibit NumberFiled/ Furnished HerewithPage Number
10.12Kimco Realty Corporation Second Amended and Restated 2020 Equity Participation Plan*
10.13Form of LTIP Unit Award Agreement (Time-Based)*
10.14Form of LTIP Unit Award Agreement (Performance-Based)*
10.15Credit Agreement, dated April 1, 2020, among Kimco Realty Corporation and each of the parties named therein10-Q1-1089908/07/2010.1
10.16Amendment No.1 to Credit Agreement, dated April 20, 2020, among Kimco Realty Corporation and each of the parties named therein.10-Q1-1089908/07/2010.2
10.17Amendment No.2 to Credit Agreement, dated April 24, 2020, among Kimco Realty Corporation and each of the parties named therein.10-Q1-1089908/07/2010.3
10.18Amendment No. 3 to Amended and Restated Credit Agreement, dated as of January 3, 2023, by and among Kimco Realty OP, LLC, Kimco Realty Corporation, and JPMorgan Chase Bank, N.A., as administrative agent8-K12B1-1089901/03/2310.1
10.19Form of Kimco Realty Corporation 2020 Equity Participation Plan Performance Share Award Grant Notice and Performance Share Award Agreement.10-Q1-1089908/07/2010.4
10.20Form of Kimco Realty Corporation 2020 Equity Participation Plan Restricted Stock Award Grant Notice and Restricted Stock Award Agreement.10-Q1-1089908/07/2010.5
10.21Parent Guarantee, dated as of January 1, 2023, by Kimco Realty Corporation8-K12B1-1089901/03/2310.2
10.22Form of Indemnification Agreement10-K1-1089902/24/2310.19
10.23Amended and Restated Credit Agreement, dated as of February 23, 2023, among Kimco Realty OP, LLC and each of the parties named therein.10-K1-1089902/24/2310.20
10.24Seventh Amended and Restated Credit Agreement, dated as of January 2, 2024 among Kimco Realty OP, LLC (as successor by assumption to RPT Realty, L.P.), the several banks, financial institutions and other entities from time to time parties thereto, BMO Bank, N.A., as syndication agent, Truist Bank and Regions Bank, as documentation agents, J.P. Morgan Securities LLC, as sustainability structuring agent, and JPMorgan Chase Bank, N.A., as administrative agent8-K1-1089901/03/2410.1
10.25Parent Guarantee, dated as of January 2, 2024, made by Kimco Realty Corporation in favor of JPMorgan Chase Bank, N.A., as administrative agent8-K1-1089901/03/2410.2
10.26Term Loan Agreement, dated as of January 2, 2024 among Kimco Realty O.P., LLC, the several banks, financial institutions and other entities from time to time parties thereto, and TD Bank, N.A., as administrative agent8-K1-1089901/03/2410.3
10.27Parent Guarantee, dated as of January 2, 2024, made by Kimco Realty Corporation in favor of TD Bank, N.A., as administrative agent8-K1-1089901/03/2410.4
21.1Significant Subsidiaries of Kimco Realty Corporation and Kimco Realty OP, LLC————*
23.1Consent of PricewaterhouseCoopers LLP - Kimco Realty Corporation————*
23.2Consent of PricewaterhouseCoopers LLP - Kimco Realty OP, LLC————*
31.1Certification of the Chief Executive Officer of Kimco Realty Corporation, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002————*
31.2Certification of the Chief Financial Officer of Kimco Realty Corporation, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002————*
31.3Certification of the Chief Executive Officer of Kimco Realty OP, LLC, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002————*
31.4Certification of the Chief Financial Officer of Kimco Realty OP, LLC, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002————*
32.1Certification of the Chief Executive Officer of Kimco Realty Corporation, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002————**
32.2Certification of the Chief Financial Officer of Kimco Realty Corporation, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002————**
Incorporated by Reference
Exhibit NumberExhibit DescriptionFormFile No.Date of FilingExhibit NumberFiled/ Furnished HerewithPage Number
32.3Certification of the Chief Executive Officer of Kimco Realty OP, LLC, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002————**
32.4Certification of the Chief Financial Officer of Kimco Realty OP, LLC, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002————**
97.1Kimco Realty Corporation Policy for Recovery of Erroneously Awarded Compensation————*
99.1Property Chart————*
101.INSInline XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document————*
101.SCHInline XBRL Taxonomy Extension Schema————*
101.CALInline XBRL Taxonomy Extension Calculation Linkbase————*
101.DEFInline XBRL Taxonomy Extension Definition Linkbase————*
101.LABInline XBRL Taxonomy Extension Label Linkbase————*
101.PREInline XBRL Taxonomy Extension Presentation Linkbase————*
104Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)————*
  • Filed herewith

** Furnished herewith

SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

KIMCO REALTY CORPORATION
By:/s/ Conor C. Flynn
Conor C. Flynn
Chief Executive Officer

Dated: February 23, 2024

Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.

SignatureTitleDate
/s/ Milton CooperExecutive Chairman of the Board of DirectorsFebruary 23, 2024
Milton Cooper
/s/ Conor C. FlynnChief Executive Officer and DirectorFebruary 23, 2024
Conor C. Flynn
/s/ Frank LourensoDirectorFebruary 23, 2024
Frank Lourenso
/s/ Richard SaltzmanDirectorFebruary 23, 2024
Richard Saltzman
/s/ Philip CovielloDirectorFebruary 23, 2024
Philip Coviello
/s/ Mary Hogan PreusseDirectorFebruary 23, 2024
Mary Hogan Preusse
/s/ Valerie RichardsonDirectorFebruary 23, 2024
Valerie Richardson
/s/ Henry MonizDirectorFebruary 23, 2024
Henry Moniz
/s/ Glenn G. CohenExecutive Vice President -February 23, 2024
Glenn G. CohenChief Financial Officer
/s/ Paul WestbrookVice President -February 23, 2024
Paul WestbrookChief Accounting Officer

SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

KIMCO REALTY OP, LLC
BY: KIMCO REALTY CORPORATION, managing member
By:/s/ Conor C. Flynn
Conor C. Flynn
Chief Executive Officer

Dated: February 23, 2024

Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following directors and officers of Kimco Realty Corporation, the managing member of the registrant, and in the capacities and on the dates indicated.

SignatureTitleDate
/s/ Milton CooperExecutive Chairman of the Board of DirectorsFebruary 23, 2024
Milton Cooper
/s/ Conor C. FlynnChief Executive Officer and DirectorFebruary 23, 2024
Conor C. Flynn
/s/ Frank LourensoDirectorFebruary 23, 2024
Frank Lourenso
/s/ Richard SaltzmanDirectorFebruary 23, 2024
Richard Saltzman
/s/ Philip CovielloDirectorFebruary 23, 2024
Philip Coviello
/s/ Mary Hogan PreusseDirectorFebruary 23, 2024
Mary Hogan Preusse
/s/ Valerie RichardsonDirectorFebruary 23, 2024
Valerie Richardson
/s/ Henry MonizDirectorFebruary 23, 2024
Henry Moniz
/s/ Glenn G. CohenExecutive Vice President -February 23, 2024
Glenn G. CohenChief Financial Officer
/s/ Paul WestbrookVice President -February 23, 2024
Paul WestbrookChief Accounting Officer

ANNUAL REPORT ON FORM 10-K

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