CUSTODY AGREEMENTCustody Agreement • January 13th, 2023 • Kennedy Lewis Capital Co • Massachusetts
AMENDMENT TO SERVICES AGREEMENT, FEE SCHEDULE, & MASTER AGREEMENT FOR DST DIGITAL SOLUTIONS SERVICES BY AND BETWEEN KENNEDY LEWIS INVESTMENT MANAGEMENT LLC AND DST SYSTEMS, INC.Services Agreement • January 13th, 2023 • Kennedy Lewis Capital Co • New York
THIS AMENDMENT (the “Amendment”) to the Agreements (as defined below) by and between Kennedy Lewis Investment Management LLC (“KLIM”), Kennedy Lewis Capital Company (f/k/a Tate Capital Company, “KLCC”), and DST Systems, Inc. (“DST”) is dated December 14, 2022 (the “Effective Date”). KLIM and DST are together referred to herein as the “Parties” and individually as the “Party”.
ADMINISTRATION AGREEMENTAdministration Agreement • January 13th, 2023 • Kennedy Lewis Capital Co • Delaware
This Agreement (“Agreement”) is made as of December 14, 2022 by and between Kennedy Lewis Capital Company, a Delaware statutory trust (the “Company”), and Kennedy Lewis Management LP, a Delaware limited partnership (the “Administrator”).
KENNEDY LEWIS CAPITAL COMPANY SUBSCRIPTION AGREEMENTSubscription Agreement • January 13th, 2023 • Kennedy Lewis Capital Co • Delaware
The undersigned subscriber (the “Subscriber”) understands that Kennedy Lewis Capital Company, a Delaware statutory trust (the “Company”), is an externally managed, non-diversified closed-end management investment company that has elected to be treated as a business development company (a “BDC”) under the Investment Company Act of 1940, as amended (the “Investment Company Act”), as described in the Private Placement Memorandum of the Company (as such document may be amended, amended and restated or supplemented from time to time and together with any appendices and supplements thereto, the “Offering Document”). Subject to the terms and conditions hereof, and in reliance upon the representations and warranties contained in this subscription agreement (the “Subscription Agreement”), the Subscriber irrevocably subscribes for and agrees to purchase common shares of beneficial interest, par value $0.01 per share, of the Company (“Shares”), on the terms and conditions described herein, in the
Kennedy Lewis Capital Company AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of December 14, 2022Agreement and Declaration • January 13th, 2023 • Kennedy Lewis Capital Co
INVESTMENT ADVISORY AGREEMENT BETWEEN KENNEDY LEWIS CAPITAL HOLDINGS LLC AND KENNEDY LEWIS CAPITAL COMPANYInvestment Advisory Agreement • January 13th, 2023 • Kennedy Lewis Capital Co • Delaware
This amended investment advisory agreement (“Agreement”) is made this 5th day of January, 2023, by and between Kennedy Lewis Capital Company, a Delaware statutory trust (the “Company”), and Kennedy Lewis Capital Holdings LLC, a Delaware limited liability company (the “Advisor”).
EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • January 13th, 2023 • Kennedy Lewis Capital Co
This Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 5th day of January, 2023, by and between Kennedy Lewis Capital Company, a Delaware statutory trust (the “Company”), and Kennedy Lewis Capital Holdings LLC (the “Advisor”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • January 13th, 2023 • Kennedy Lewis Capital Co • Delaware
This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of December 14, 2022 (the “Effective Date”), by and between Kennedy Lewis Investment Management LLC, a Delaware limited liability company (“Licensor”), and Kennedy Lewis Capital Company, a Delaware statutory trust, and any wholly-owned subsidiary thereof (“Licensee”) (each a “party,” and collectively, the “parties”).
