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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) January 11, 2021
 
KIMCO REALTY CORPORATION
(Exact Name of registrant as specified in its charter)
 
Maryland
 
1-10899
 
13-2744380
(State or other jurisdiction
of incorporation)
 
(Commission File Number)
 
(IRS Employer
Identification No.)
 
500 North Broadway
Suite 201
Jericho, NY 11753
(Address of principal executive offices) (Zip Code)
 
(516) 869-9000
(Registrant’s telephone number, including area code)
 
Not Applicable
(Former Name or 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 (17 CFR 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))
 
Securities registered pursuant to Section 12(b) of the Act:
 
Title of each class
Trading Symbol(s)
Name of each exchange on
 
 
which registered
Common Stock, par value $.01 per share.
KIM
New York Stock Exchange
Depositary Shares, each representing one-thousandth of a share of 5.125% Class L Cumulative Redeemable, Preferred Stock, $1.00 par value per share.
KIMprL
New York Stock Exchange
Depositary Shares, each representing one-thousandth of a share of 5.250% Class M Cumulative Redeemable, Preferred Stock, $1.00 par value per share.
KIMprM
New York Stock Exchange
 
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
 
Emerging growth company ☐
 
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
 
 
 
 
Item 5.02.      Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
 
On January 11, 2021, the Board of Directors (the “Board”) of Kimco Realty Corporation (the “Company”) elected Henry Moniz to the Board. In connection with the election of Mr. Moniz, the Board increased its size from eight to nine directors. The Board appointed Mr. Moniz to the Audit, Executive Compensation and Nominating and Corporate Governance Committees of the Board.
 
Mr. Moniz will receive the same fees for his service as the Company’s other independent directors, which fees were disclosed in the Company’s proxy statement for its 2020 Annual Meeting of Stockholders. 
 
Item 7.01.      Regulation FD Disclosure.
 
A copy of the Company’s press release announcing the appointment of Mr. Moniz to the Board is attached as Exhibit 99.1 to this Current Report on Form 8-K.
 
The information set forth in this Item 7.01, including Exhibit 99.1, is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section. The information in this Item 7.01, including Exhibit 99.1, shall not be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
 
Item 9.01.        Financial Statements and Exhibits.
 
(d) Exhibits
 
99.1
104
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
 
 
 
 
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
 
 
Date: January 12, 2021
By:
/s/ Glenn G. Cohen
 
 
Name: Glenn G. Cohen
 
 
Title:   Chief Financial Officer
  
 

Exhibit 99.1

 

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

 

Kimco Realty Appoints Henry Moniz to its Board of Directors

 

JERICHO, N.Y., January 12, 2021 – Kimco Realty Corp. (NYSE: KIM), one of North America’s largest publicly traded owners and operators of open-air, grocery-anchored shopping centers and mixed-use assets, today announced that Henry Moniz has been appointed to the company’s Board of Directors. Mr. Moniz is Executive Vice President and Chief Compliance Officer at ViacomCBS Inc., where he also serves as Chief Audit Executive. With this appointment, Kimco’s Board has expanded to include nine members. Mr. Moniz’s term will begin immediately.

 

In his role at ViacomCBS, Mr. Moniz advises the company’s Board of Directors, Chief Executive Officer, and other members of management on governance and oversight of enterprise-wide management of non-insured risks, with emphasis on quality assurance and metrics, data and predictive risk analytics and monitoring, financial and information technology controls, culture, ethics, regulatory and geopolitical volatility, strategic direction, and operational efficiency.

 

“I am incredibly proud to announce the addition of Henry Moniz to Kimco’s Board of Directors,” said Milton Cooper, Executive Chairman. “His unique skillset will be a valuable addition to our talented group of directors. It was immediately clear that Henry is an excellent fit with Kimco’s culture, and there is no doubt his influence and insight will help guide us into the future.”

 

“Henry’s wide range of knowledge and experience in the areas of governance, compliance, risk, data analytics and technology will be a tremendous asset to Kimco’s Board of Directors and to our organization as a whole,” said Conor Flynn, Chief Executive Officer. “It’s my pleasure to welcome him, and I look forward to his contributions and guidance as we continue to refine our strategy going forward.”

 

Mr. Moniz has been at ViacomCBS since 2004, where he has also served as Chairman of the Privacy/IT Security Council; Vice President, Associate General Counsel; and Chairman of the Compliance Committee. Prior to joining ViacomCBS, Mr. Moniz was a Partner at Bingham McCutchen (now part of Morgan Lewis), served as Minority Counsel to the U.S. House Judiciary Committee for the Impeachment Inquiry on President Clinton, and as a federal prosecutor in the Boston and Miami United States Attorney’s Offices for the U.S. Department of Justice. Mr. Moniz currently serves on the Advisory Board of the Center on the Legal Profession at Harvard Law School, and on the Advisory Board for Acritas, the legal market data firm that is now part of Thomson Reuters. He received his J.D. from the University of Pennsylvania Law School, and his A.B. from Bowdoin College.

 

About Kimco

 

Kimco Realty Corp. (NYSE:KIM) is a real estate investment trust (REIT) headquartered in Jericho, N.Y. that is one of North America’s largest publicly traded owners and operators of open-air, grocery-anchored shopping centers and mixed-use assets. As of September 30, 2020, the company owned interests in 400 U.S. shopping centers and mixed-use assets comprising 70 million square feet of gross leasable space primarily concentrated in the top major metropolitan markets. Publicly traded on the NYSE since 1991, and included in the S&P 500 Index, the company has specialized in shopping center acquisitions, development and management for more than 60 years. For further information, please visit www.kimcorealty.com, the company’s blog at blog.kimcorealty.com, or follow Kimco on Twitter at www.twitter.com/kimcorealty.

 

 
 

 

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

 

The company announces material information to its investors using the company’s investor relations website (investors.kimcorealty.com), SEC filings, press releases, public conference calls, and webcasts. The company also uses social media to communicate with its investors and the public, and the information the company posts on social media may be deemed material information. Therefore, the company encourages investors, the media, and others interested in the company to review the information that it posts on the company’s blog (blog.kimcorealty.com) and social media channels, including Facebook (www.facebook.com/kimcorealty), Twitter (www.twitter.com/kimcorealty), YouTube (www.youtube.com/kimcorealty) and LinkedIn (www.linkedin.com/company/kimco-realty-corporation). The list of social media channels that the company uses may be updated on its investor relations website from time to time.

 

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CONTACT:
David F. Bujnicki
Senior Vice President, Investor Relations & Strategy

Kimco Realty Corporation

516-869-2087

Dbujnicki@kimcorealty.com