EXHIBIT 2 ADMINISTRATION AGREEMENT ADMINISTRATION AGREEMENT, made as of the September __, 2004 between Kayne Anderson MLP Investment Company, a Maryland corporation (the "Fund") and Bear Stearns Funds Management Inc., a Delaware corporation (the...Administration Agreement • September 27th, 2004 • Kayne Anderson MLP Investment CO • Delaware
EXHIBIT 4 FORM OF FUND ACCOUNTING AGREEMENT THIS AGREEMENT is made as of this ___ day of _______, 2004, by and between KAYNE ANDERSON MLP INVESTMENT COMPANY (the "Fund"), a Maryland corporation having its principal place of business at 1800 Avenue of...Fund Accounting Agreement • September 27th, 2004 • Kayne Anderson MLP Investment CO • Ohio
EXHIBIT 3 KAYNE ANDERSON MLP INVESTMENT COMPANY [ ] Shares of Common Stock* (Par Value $0.001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • September 16th, 2004 • Kayne Anderson MLP Investment CO • New York
MASTER SELECTED DEALER AGREEMENTMaster Selected Dealer Agreement • September 16th, 2004 • Kayne Anderson MLP Investment CO • New York
KAYNE ANDERSON MLP INVESTMENT COMPANY (a Maryland corporation) [-] Shares of Series [-] Mandatory Redeemable Preferred Shares (Liquidation Preference $[-] Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • April 28th, 2017 • 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 9 and Section 12 hereof), address you as the underwriters as named on Schedule I hereto (the “Underwriters”). The Company proposes to sell to the Underwriters an aggregate of [-] shares of Series [-] Mandatory Redeemable Preferred Shares of the Company, par value $0.001 per share, with a liquidation preference of $[-] per share, which have a term of [-] years and an applicable rate of [-]% (the “Preferred Stock”) (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 Preferred Stock to cove
KAYNE ANDERSON MLP INVESTMENT COMPANY UP TO AN AGGREGATE PRINCIPAL SALE PRICE OF $50,000,000 OF COMMON STOCK CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • July 12th, 2017 • 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 Cantor Fitzgerald & Co. (“CF&Co” and together with the Fund, the Adviser and KACALP, the “Parties” each individually a “Party”), as follows:
MASTER AGREEMENT AMONG UNDERWRITERS REGISTERED SEC OFFERINGS (INCLUDING MULTIPLE SYNDICATE OFFERINGS), STANDBY UNDERWRITINGS AND EXEMPT OFFERINGS (OTHER THAN OFFERINGS OF MUNICIPAL SECURITIES)Master Agreement Among Underwriters • September 16th, 2004 • Kayne Anderson MLP Investment CO • New York
KAYNE ANDERSON MLP INVESTMENT COMPANY SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 15, 2018 By and Among JPMORGAN CHASE BANK, N.A., as Administrative Agent and THE SEVERAL BANKS FROM TIME TO TIME PARTIES HERETO Amending and...Credit Agreement • May 25th, 2018 • Kayne Anderson MLP Investment CO • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 15, 2018 (the “Closing Date”), between (i) KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation, registered as a closed-end management investment company under the Investment Company Act of 1940, as amended (the “Borrower”); (ii) the several banks and other financial institutions from time to time parties to this Agreement (the “Lenders”) and (iii) JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as administrative agent for the Lenders hereunder (the “Administrative Agent”), amending and restating the Credit Agreement originally dated as of March 5, 2013 among the parties hereto as heretofore amended, modified or supplemented;
KAYNE ANDERSON MLP INVESTMENT COMPANY UP TO AN AGGREGATE PRINCIPAL SALE PRICE OF $[-] OF COMMON STOCK CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • April 28th, 2017 • 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:
AUCTION RATE SENIOR NOTES $ SERIES E, DUE 2045 ($25,000 Denominations) KAYNE ANDERSON MLP INVESTMENT COMPANY UNDERWRITING AGREEMENTUnderwriting Agreement • December 7th, 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 (each an “Underwriter” and, together the “Underwriters”) $___aggregate principal amount of auction rate senior notes Series E (the “Series E Notes”). The Series E Notes will be issued pursuant to the provisions of an indenture (the “Base Indenture”) dated as of March 28, 2005, between the Company and The Bank of New York Trust Company, N.A., a national banking association, as trustee (the “Trustee”), a supplemental indenture between the Company and the Trustee, dated March 28, 2005 (the “First Supplemental Indenture”) and a supplemental indenture between the Company and the Trustee, to be dated December ___, 2005 (the “Second Supplemental Indenture,” and together with the First Supplemental Indenture and the Base Indenture, the “Indenture”). The Company and the Company’s i
KAYNE ANDERSON MLP INVESTMENT COMPANY Amended and Restated Investment Management AgreementInvestment Management Agreement • November 6th, 2013 • Kayne Anderson MLP Investment CO • Maryland
THIS AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENT (this “Agreement”) is made as of the 12th day of December, 2006, by and between Kayne Anderson MLP Investment Company, a Maryland corporation (hereinafter called the “Company”), and Kayne Anderson Capital Advisors, L.P., a California limited partnership (hereinafter called the “Manager”).
KAYNE ANDERSON MLP INVESTMENT COMPANY (a Maryland corporation) Series HH Floating Rate Senior Notes $75,000,000, Due August 19, 2016 ($100,000 Denominations) PURCHASE AGREEMENTPurchase Agreement • February 19th, 2014 • Kayne Anderson MLP Investment CO • New York
The Securities will be issued pursuant to the provisions of the Indenture of Trust (the “Base Indenture”), dated as of August 22, 2013, between the Company and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (the “Trustee”), the First Supplemental Indenture of Trust, between the Company and the Trustee dated as of August 22, 2013 (the “First Supplemental Indenture”), and a Second Supplemental Indenture of Trust, between the Company and the Trustee to be dated February 7, 2014 (the “Second Supplemental Indenture,” and together with the Base Indenture and the First Supplemental Indenture, the “Indenture”).
KAYNE ANDERSON MLP INVESTMENT COMPANY $50,000,000 2.89% Series LL Senior Unsecured Notes due October 29, 2020 $40,000,000 3.26% Series MM Senior Unsecured Notes due October 29, 2022 $20,000,000 3.37% Series NN Senior Unsecured Notes due October 29,...Note 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:
KAYNE ANDERSON MLP INVESTMENT COMPANY $75,000,000 Series HH Floating Rate Senior Notes Due August 19, 2016 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 19th, 2014 • Kayne Anderson MLP Investment CO • New York
Kayne Anderson MLP Investment Company, a Maryland corporation (the “Company”), proposes to issue and sell to UBS Securities LLC, as the initial purchaser (the “Initial Purchaser”), upon the terms set forth in the Purchase Agreement, dated January 31, 2014 (the “Purchase Agreement”), by and among the Company, KA Fund Advisors, LLC, Kayne Anderson Capital Advisors, L.P. and the Initial Purchaser, $75,000,000 aggregate principal amount of its Series HH Floating Rate Senior Notes Due August 19, 2016 (the “Securities”) relating to the initial placement of the Securities (the “Initial Placement”). The Securities will constitute a further issuance of the Series HH Floating Rate Senior Notes due 2016 issued by the Company on August 22, 2013. To satisfy a condition to the obligations of the Initial Purchaser under the Purchase Agreement, the Company agrees with the Initial Purchaser for the benefit of the holders (including the Initial Purchaser) from time to time of the Securities, each a “Hol
KAYNE ANDERSON MLP INVESTMENT COMPANY, as Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee INDENTURE OF TRUST DATED AS OF AUGUST 22, 2013Indenture of Trust • February 19th, 2014 • Kayne Anderson MLP Investment CO • New York
THIS INDENTURE OF TRUST, dated as of August 22, 2013 (the “Indenture”), by and between KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Issuer”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association, as Trustee (the “Trustee”).
FORM OF AUCTION AGENCY AGREEMENT KAYNE ANDERSON MLP INVESTMENT COMPANY AUCTION AGENCY AGREEMENT dated as of [ ], 20___ relating to the SERIES ___AUCTION RATE PREFERRED STOCK [AUCTION AGENT] as Auction AgentAuction Agency Agreement • March 23rd, 2007 • Kayne Anderson MLP Investment CO • New York
This Auction Agency Agreement (this “Agreement”), dated as of [___], 20___, is between Kayne Anderson MLP Investment Company (the “Company”) and [Auction Agent].
AGENCY AGREEMENT (RELATED TO SECURITIES PURCHASE AGREEMENT DATED AS OF SEPTEMBER 7, 2016) Dated as of November 9, 2016Agency Agreement • April 28th, 2017 • Kayne Anderson MLP Investment CO • New York
AGENCY AGREEMENT, dated November 9, 2016 (the “Agreement”) between Kayne Anderson MLP Investment Company (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as paying agent (the “Paying Agent”) and the Purchasers (as defined below).
FORM OF CUSTODY AGREEMENTCustody Agreement • November 6th, 2013 • Kayne Anderson MLP Investment CO • New York
AGREEMENT, dated as of , 2004 by and between KAYNE ANDERSON MLP INVESTMENT COMPANY, a non-diversified closed-end registered management investment company organized and existing under the laws of the State of Maryland (the “Company”), and CUSTODIAL TRUST COMPANY, a bank organized and existing under the laws of the State of New Jersey (the “Custodian”).
Kayne Anderson Energy Infrastructure Fund, Inc. Amendment No. 1 to Note Purchase AgreementNote Purchase Agreement • February 10th, 2021 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
Kayne Anderson Energy Infrastructure Fund, Inc. (hereinafter, together with its successors and assigns, the “Company”) agrees with you as follows:
ADMINISTRATION AGREEMENTAdministration Agreement • April 17th, 2009 • Kayne Anderson MLP Investment CO • Ohio
THIS AGREEMENT is made as of this 28th day of February, 2009, by and between Kayne Anderson MLP Investment Company, a Maryland corporation (the “Company”), and ULTIMUS FUND SOLUTIONS, LLC (“Ultimus”), a limited liability company organized under the laws of the State of Ohio.
AGENCY AGREEMENT (RELATED TO NOTE PURCHASE AGREEMENT DATED AS OF 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:
Kayne Anderson Energy Infrastructure Fund, Inc. $45,000,000 4.57% Series RR Senior Unsecured Notes due May 18, 2032 $45,000,000 4.67% Series SS Senior Unsecured Notes due August 2, 2034 Note Purchase Agreement Dated as of May 18, 2022Note Purchase Agreement • March 27th, 2023 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
KAYNE ANDERSON ENERGY INFRASTRUCTURE FUND, INC., 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:
NEITHER THIS SECURITY NOR ANY BENEFICIAL INTEREST HEREIN HAS BEEN REGISTERED UNDER THE SECURITIES ACT. EACH HOLDER HEREOF (“HOLDER”), AND EACH OWNER OF A BENEFICIAL INTEREST HEREIN BY PURCHASING THIS SECURITY, AGREES FOR THE BENEFIT OF KAYNE ANDERSON...Securities Purchase Agreement • February 19th, 2014 • Kayne Anderson MLP Investment CO • New York
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE (AS DEFINED HEREIN) AND IS REGISTERED IN THE NAME OF THE SECURITIES DEPOSITORY (AS DEFINED IN THE INDENTURE) OR A NOMINEE THEREOF. THIS NOTE MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, AND NO TRANSFER OF THIS NOTE IN WHOLE OR IN PART MAY BE REGISTERED, IN THE NAME OF ANY PERSON OTHER THAN THE SECURITIES DEPOSITORY OR A NOMINEE THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
Kayne Anderson MLP Investment Company $60,000,000 Floating Rate Series U Senior Unsecured Notes due May 26, 2016 $70,000,000 3.71% Series V Senior Unsecured Notes due May 26, 2016 $100,000,000 4.38% Series W Senior Unsecured Notes due May 26, 2018...Note Purchase Agreement • December 9th, 2011 • 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:
SECOND SUPPLEMENTAL INDENTURE OF TRUSTSupplemental Indenture • February 19th, 2014 • Kayne Anderson MLP Investment CO • New York
THIS SECOND SUPPLEMENTAL INDENTURE OF TRUST (this “Second Supplemental Indenture”), dated as of February 7, 2014, is by and between KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Issuer”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized and operating under the laws of the United States of America (together with its successors, the “Trustee”), as trustee hereunder (all capitalized terms used in these preambles, recitals and granting clauses shall have the same meanings assigned thereto in Article I hereof);
ACCESSION AGREEMENT (Citibank, N.A.)Accession Agreement • April 1st, 2011 • Kayne Anderson MLP Investment CO • New York
ACCESSION AGREEMENT dated as of July 1, 2009 among (i) CITIBANK, N.A., having an address at 99 Park Avenue, New York, New York 10022 (the “Acceding Lender”), (ii) KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation, registered as a closed-end management investment company under the Investment Company Act of 1940, as amended (the “Borrower”), (iii) JPMORGAN CHASE BANK, N.A., a New York banking corporation (“JPMorgan”), as administrative agent (the “Administrative Agent”) to that certain Credit Agreement dated as of June 26, 2009 by and among the Borrower, the lenders a party thereto (the “Lenders”) (as amended or modified from time to time, the “Credit Agreement”), and (iv) the Lenders.
KAYNE ANDERSON ENERGY INFRASTRUCTURE FUND, INC. LOAN AGREEMENT dated as of August 6, 2021 SUMITOMO MITSUI BANKING CORPORATIONLoan Agreement • October 25th, 2021 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
THIS LOAN AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Loan Agreement” or “Agreement”), dated as of August 6, 2021 (the “Closing Date” or “Effective Date”), between KAYNE ANDERSON ENERGY INFRASTRUCTURE FUND, INC. (formerly Kayne Anderson MLP/Midstream Investment Company), a Maryland corporation, registered as a non-diversified, closed-end management investment company under the Investment Company Act of 1940, as amended (the “Borrower”) and SUMITOMO MITSUI BANKING CORPORATION (“SMBC” or the “Lender”).
Kayne Anderson Energy Infrastructure Fund, Inc. Amendment No. 1 to Note Purchase AgreementNote Purchase Agreement • February 11th, 2021 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
Kayne Anderson Energy Infrastructure Fund, Inc. (hereinafter, together with its successors and assigns, the “Company”) agrees with you as follows:
KA FUND ADVISORS, LLCWaiver of Certain Fees • November 6th, 2013 • Kayne Anderson MLP Investment CO
This letter agreement (this “Agreement”) is entered into 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”), effective as of October 1, 2012. 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”).
KAYNE ANDERSON MLP INVESTMENT COMPANY TERMINATION, REPLACEMENT AND RESTATEMENT AGREEMENT DATED AS OF JUNE 11, 2010 RELATING TO CREDIT AGREEMENT DATED AS OF JUNE 26, 2009 $100,000,000 Credit Facility JPMORGAN CHASE BANK, N.A. as Administrative Agent J....Termination, Replacement and Restatement Agreement • April 1st, 2011 • Kayne Anderson MLP Investment CO • New York
Kayne Anderson Energy Infrastructure Fund, Inc. Amendment No. 1 to Note Purchase AgreementNote Purchase Agreement • February 10th, 2021 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
Kayne Anderson Energy Infrastructure Fund, Inc. (hereinafter, together with its successors and assigns, the “Company”) agrees with you 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:
Kayne Anderson Energy Infrastructure Fund, Inc. Amendment No. 1 to Note Purchase AgreementNote Purchase Agreement • February 10th, 2021 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
Kayne Anderson Energy Infrastructure Fund, Inc. (hereinafter, together with its successors and assigns, the “Company”) agrees with you as follows:
KAYNE ANDERSON MLP INVESTMENT COMPANY Amendment to Amended and Restated Investment Management AgreementInvestment Management Agreement • November 6th, 2013 • Kayne Anderson MLP Investment CO • Maryland
THIS AMENDMENT TO AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENT (the “Amendment”) is made as of June 13, 2012 by and between KAYNE ANDERSON MLP INVESTMENT COMPANY, Maryland corporation (the “Company”) and KA FUND ADVISORS, LLC, a Delaware limited liability company (the “Manager”).
KAYNE ANDERSON ENERGY INFRASTRUCTURE FUND, INC. (Formerly known as Kayne Anderson MLP/Midstream Investment Company) (which in turn was formerly known as Kayne Anderson MLP Investment Company) SIXTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of...Credit Agreement • March 27th, 2023 • Kayne Anderson Energy Infrastructure Fund, Inc. • New York
SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 24, 2023 (the “Closing Date”), by and among (i) KAYNE ANDERSON ENERGY INFRASTRUCTURE FUND, INC., formerly known as Kayne Anderson MLP/Midstream Investment Company, which in turn was formerly known as Kayne Anderson MLP Investment Company, a Maryland corporation, registered as a closed-end management investment company under the Investment Company Act of 1940, as amended (the “Borrower”); (ii) the several banks and other financial institutions from time to time parties to this Agreement (the “Lenders”) and (iii) JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as administrative agent for the Lenders hereunder (the “Administrative Agent”), amending and restating the Fifth Amended and Restated Credit Agreement, dated as of February 25, 2022, by and among JPMorgan Chase Bank, N.A., as Administrative Agent, and the other parties party theret
