KAYNE ANDERSON MLP INVESTMENT COMPANY (a Maryland corporation) [-] Shares of Common Stock ($0.001 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York
The undersigned, Kayne Anderson MLP Investment Company, a Maryland corporation (the “Company”), KA Fund Advisors, LLC, a Delaware limited liability company (the “Adviser”), and Kayne Anderson Capital Advisors, L.P., a California limited partnership, parent of the Adviser (“KACALP”) (solely with respect to Section 2(b), Section 2(e), Section 7(j), Section 9 and Section 12 hereof), address you as underwriters and as the representatives (the “Representatives”) of each of the several underwriters named on Schedule I hereto (herein collectively called the “Underwriters”). The Company proposes to sell to the Underwriters [-] shares of Common Stock, par value $0.001 per share (“Common Stock”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to [-] additional shares of Common Stock to cover overallotments (the “Option Securities,” together wit
KAYNE ANDERSON MLP INVESTMENT COMPANY UP TO AN AGGREGATE PRINCIPAL SALE PRICE OF $[-] OF COMMON STOCK CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York
Kayne Anderson MLP Investment Company, a Maryland corporation (the “Fund”), KA Fund Advisors, LLC, a Delaware limited liability company (the “Adviser”), and Kayne Anderson Capital Advisors, L.P., a California limited partnership and the parent of the Adviser (“KACALP”) (solely with respect to Section 6(b)(v), Section 6(b)(vii), Section 7(l), Section 9 and Section 10), confirm their agreement (this “Agreement”) with [-] (“[-]” and together with the Fund, the Adviser and KACALP, the “Parties” each individually a “Party”), as follows:
AGENCY AGREEMENT (RELATED TO NOTE PURCHASE AGREEMENT DATED AS OF OCTOBER 29, 2014) Dated as of October 29, 2014Note Purchase Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York
KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Company”), agrees with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:
AMENDMENT NO. 1 AND REAFFIRMATIONCredit Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York
THIS CREDIT AGREEMENT is entered into as of February 18, 2014 (as amended, restated, supplemented or otherwise modified, this “Agreement”), between KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Borrower”) and SUMITOMO MITSUI BANKING CORPORATION (the “Lender”). The parties hereto hereby agree as follows:
KAYNE ANDERSON MLP INVESTMENT COMPANY Series I Mandatory Redeemable Preferred Shares SECURITIES PURCHASE AGREEMENT Dated October 29, 2014Securities Purchase Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York
KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Company”), agrees with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:
KA FUND ADVISORS, LLCLetter Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO
This letter agreement (this “Agreement”), effective as of December 11, 2014, by and between Kayne Anderson MLP Investment Company, a Maryland corporation (the “Company”), and KA Fund Advisors, LLC, a Delaware limited liability company and the investment adviser to the Company (“KAFA”), amends and restates that certain letter agreement by and between the Company and KAFA effective as of October 1, 2012 (the “Prior Agreement”). This Agreement is intended to memorialize the waiver of certain fees KAFA is otherwise entitled to receive pursuant to that certain Amended and Restated Investment Management Agreement, dated as of December 12, 2006, by and between the Company and KAFA, as amended from time to time (the “IMA”).
AGENCY AGREEMENT (RELATED TO SECURITIES PURCHASE AGREEMENT DATED OCTOBER 29, 2014) Dated as of October 29, 2014Agency Agreement • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York
KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Company”), agrees with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:
