KIMCO REALTY CORP 10-Q

Item 2. Unregistered Sales of Equity Securities and Use of Proceeds.   Issuer Purchases of Equity Securities   The Company’s Board of Director’s authorized the repurchase of up to 900,000 depositary shares of Class L preferred stock and 1,058,000 depositary shares of Class M preferred stock representing up to an aggregate of 1,958 shares of the Company’s preferred stock, par value $1.00 per share, through December 31, 2022. The Company did not repurchase any Class L depositary shares or Class M depositary shares during the three months ended September 30, 2022.   The Company has a common share repurchase program, which is scheduled to expire on February 29, 2024. Under this program, the Company may repurchase shares of its common stock, par value $0.01 per share, with an aggregate gross purchase price of up to $300.0 million. The Company did not repurchase any shares under the common share repurchase program during the nine months ended September 30, 2022. As of September 30, 2022, the Company had $224.9 million available under this common share repurchase program.   During the nine months ended September 30, 2022, the Company repurchased 561,187 shares of the Company’s common stock for an aggregate purchase price of $13.5 million (weighted average price of $24.14 per share) in connection with common shares surrendered or deemed surrendered to the Company to satisfy statutory minimum tax withholding obligations in connection with equity-based compensation plans.   Period   Total Number of Shares Purchased     Average Price Paid per Share     Total Number of Shares Purchased as Part of Publicly Announced Plans or Programs     Approximate Dollar Value of Shares that May Yet Be Purchased Under the Plans or Programs (in millions)   January 1, 2022 – January 31, 2022     3,157     $ 24.68       -     $ 224.9   February 1, 2022 – February 28, 2022     552,640       24.16       -     $ 224.9   March 1, 2022 – March 31, 2022     -       -       -     $ 224.9   April 1, 2022 – April 30, 2022     -       -       -     $ 224.9   May 1, 2022 – May 31, 2022     2,520       23.26       -     $ 224.9   June 1, 2022 – June 30, 2022     1,570       21.90       -     $ 224.9   July 1, 2022 – July 31, 2022     -       -       -     $ 224.9   August 1, 2022 – August 31, 2022     1,300       21.72       -     $ 224.9   September 1, 2022 – September 30, 2022     -       -       -     $ 224.9   Total     561,187     $ 24.14       -               Item 3.   Defaults Upon Senior Securities.   None.   38 Table of Contents   Item 4.   Mine Safety Disclosures.   Not applicable.     Item 5.   Other Information.   None.     Item 6.   Exhibits.   Exhibits –   4.1 Agreement to File Instruments   Kimco Realty Corporation (the “Registrant”) hereby agrees to file with the Securities and Exchange Commission, upon request of the Commission, all instruments defining the rights of holders of long-term debt of the Registrant and its consolidated subsidiaries, and for any of its unconsolidated subsidiaries for which financial statements are required to be filed, and for which the total amount of securities authorized thereunder does not exceed 10 percent of the total assets of the Registrant and its subsidiaries on a consolidated basis.   4.1 Form of Global Note for 4.600% Notes due 2033 (incorporated by reference to Exhibit 4.1 to the Company's Current Report on Form 8-K filed on August 24, 2022) 31.1 Certification of the Company’s Chief Executive Officer, Conor C. Flynn, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 31.2 Certification of the Company’s Chief Financial Officer, Glenn G. Cohen, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 32.1* Certification of the Company’s Chief Executive Officer, Conor C. Flynn, and the Company’s Chief Financial Officer, Glenn G. Cohen, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. 101.INS Inline 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.SCH Inline XBRL Taxonomy Extension Schema Document 101.CAL Inline XBRL Taxonomy Extension Calculation Linkbase Document 101.DEF Inline XBRL Taxonomy Extension Definition Linkbase Document 101.LAB Inline XBRL Taxonomy Extension Label Linkbase Document 101.PRE Inline XBRL Taxonomy Extension Presentation Linkbase Document 104 Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)   * Furnished herewith.   39 Table of Contents   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 thereunto duly authorized.           KIMCO REALTY CORPORATION                                           October 28, 2022   /s/ Conor C. Flynn (Date)   Conor C. Flynn     Chief Executive Officer             October 28, 2022   /s/ Glenn G. Cohen (Date)   Glenn G. Cohen     Chief Financial Officer