AUCTION AGENCY AGREEMENT dated as of [ ], 2005 relating to the SERIES D AUCTION RATE PREFERRED STOCK The Bank of New York as Auction AgentAuction Agency Agreement • March 30th, 2005 • Kayne Anderson MLP Investment CO • New York
This Auction Agency Agreement (this “Agreement”), dated as of April [___], 2005, is between Kayne Anderson MLP Investment Company (the “Company”) and The Bank of New York.
SERIES D AUCTION RATE PREFERRED STOCK KAYNE ANDERSON MLP INVESTMENT COMPANY FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • March 30th, 2005 • Kayne Anderson MLP Investment CO • New York
Kayne Anderson MLP Investment Company, a Maryland corporation (the “Company”), proposes to, subject to the terms and conditions stated herein, issue and sell to Lehman Brothers Inc., Citigroup Global Markets Inc. and UBS Securities LLC (each an “Underwriter and, together the “Underwriters”) [___] shares of its Series D Auction Rate Preferred Stock, $25,000 liquidation preference per share (the “ARP Shares”). The Company and the Company’s investment adviser, Kayne Anderson Capital Advisors, L.P., a California limited partnership (the “Investment Adviser”), each wishes to confirm its agreement concerning the purchase of the ARP Shares from the Company by the Underwriters.
FORM OF BROKER-DEALER AGREEMENTBroker-Dealer Agreement • March 30th, 2005 • Kayne Anderson MLP Investment CO • New York
We are a Broker-Dealer for _________(the [“Purchaser"]/[“Seller"]), which [purchased]/[sold] _________ARP Shares of _________in the Auction held on _________from the [purchaser]/[seller] of such ARP Shares.
