Exhibit
1.2
KIMCO REALTY
CORPORATION
(A MARYLAND
CORPORATION)
6.875% Notes due
2019
TERMS
AGREEMENT
Dated: September 17,
2009
To:
Kimco Realty
Corporation
3333 New Hyde Park
Road
Suite 100
New Hyde Park, New York
11042-0020
Attention:
Chairman of the Board of
Directors
Ladies and
Gentlemen:
We (the
“Representative” ) understand that Kimco Realty
Corporation, a Maryland corporation (the
“Company” ), proposes to issue and sell
$300,000,000 aggregate principal amount of its 6.875% Notes due
2019 (the “Underwritten Securities” ).
Subject to the terms and conditions set forth or incorporated
by reference herein, the underwriters named below ( the
“Underwriters”) offer to purchase, severally and
not jointly, the respective amount of Underwritten Securities set
forth below opposite their respective names at the purchase price
set forth below.
|
|
|
Underwriter
|
Principal Amount
of
Underwritten
Securities
|
|
J.P. Morgan Securities Inc.
Morgan Stanley & Co. Incorporated
Wells Fargo Securities, LLC
Barclays Capital Inc.
RBC Capital Markets Corporation
RBS Securities Inc.
Scotia Capital (USA) Inc.
|
84,000,000
78,000,000
78,000,000
15,000,000
15,000,000
15,000,000
15,000,000
|
|
Total
|
$300,000,000
|
The Underwritten
Securities shall have the following terms:
Title of Securities:
6.875% Notes due 2019
Currency: U.S.
Dollar
Principal amount to be
issued: $300,000,000
Current
ratings:
Moody’s Investors
Service, Inc. – Baa1 (negative)
Standard &
Poor’s Ratings Services – BBB+ (stable)
Interest rate or
formula: 6.875% per annum
Interest payment dates:
April 1 and October 1, commencing on April 1, 2010
Stated maturity date:
October 1, 2019
Redemption and/or
repayment provisions: At any time at the greater of par or the
discounted
value at a rate of
Treasury plus 50 basis points
Method of Offering:
Fixed Price: 99.840% of principal amount plus accrued
interest, if any.
Purchase price:
9
