KAYNE ANDERSON BDC, INC. (a Delaware corporation) [●] Shares of Common Stock UNDERWRITING AGREEMENT Dated: [●], 2024Underwriting Agreement • April 1st, 2024 • Kayne Anderson BDC, Inc. • New York
CUSTODY AGREEMENT dated as of November __, 2020 by and between KAYNE ANDERSON BDC, LLC (“Company”) and (“Custodian” and “Document Custodian”)Custody Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • New York
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of November __, 2020 and is by and between KAYNE ANDERSON BDC, LLC (and any successor or permitted assign), a limited liability company organized under the laws of the State of Delaware, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Custodian”) and as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Document Custodian”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 8th, 2024 • Kayne Anderson BDC, Inc. • New York
THIS LOAN AND SECURITY AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of February 18, 2022, by and among:
LOAN AND SECURITY AGREEMENT dated as of December 22, 2023 among KAYNE ANDERSON BDC FINANCING II, LLC, as Company KAYNE ANDERSON BDC, INC., as Parent The Lenders Party Hereto The Collateral Administrator, Collateral Agent and Securities Intermediary...Loan and Security Agreement • December 29th, 2023 • Kayne Anderson BDC, Inc. • New York
LOAN AND SECURITY AGREEMENT dated as of December 22, 2023 (this “Agreement”) among KAYNE ANDERSON BDC FINANCING II, LLC, as borrower (the “Company”); KAYNE ANDERSON BDC, INC. (the “Parent”), KA CREDIT ADVISORS, LLC (the “Portfolio Manager”); the Lenders party hereto; WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent (in such capacity, the “Collateral Agent”); WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral administrator (in such capacity, the “Collateral Administrator”); WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as securities intermediary (in such capacity, the “Securities Intermediary”); and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • Delaware
This Indemnification Agreement (the “Agreement”) is made and entered into this [•] day of [•], 2020, by and between Kayne Anderson BDC, LLC, a Delaware a Delaware limited liability company and following its conversion to a Delaware corporation (the “Company,” which term shall include, where appropriate, any Entity (as hereinafter defined) controlled directly or indirectly by the Company), and [Indemnitee] (the “Indemnitee”).
ADMINISTRATION AGREEMENTAdministration Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • Delaware
This Agreement (“Agreement”) is made as of [●], 2020 by and between Kayne Anderson BDC, LLC, a Delaware a Delaware limited liability company and following its conversion to a Delaware corporation, Kayne Anderson BDC, Inc. (the “Company”), and KA Credit Advisors, LLC, a Delaware limited liability company (the “Administrator”).
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT BETWEEN KAYNE ANDERSON BDC, INC. AND KA CREDIT ADVISORS, LLCInvestment Advisory Agreement • August 13th, 2024 • Kayne Anderson BDC, Inc. • Delaware
This Amended and Restated Investment Advisory Agreement (this “Agreement”) is made as of March 6, 2024, by and between Kayne Anderson BDC, Inc., a Delaware corporation (the “Company”), and KA Credit Advisors, LLC, a Delaware limited liability company (the “Adviser”) and is to become effective upon successful completion of the initial public offering of the common stock (the “IPO”) of the Company.
KA Credit Advisors, LLC 717 Texas Avenue, Suite 2200 Houston, Texas 77002 (713) 493-2020Waiver of Certain Fees • August 13th, 2024 • Kayne Anderson BDC, Inc.
This letter agreement (this “Agreement”), to become effective upon successful completion of the initial public offering of the common stock (the “IPO”) of Kayne Anderson BDC, Inc. (the “Company”), is by and between the Company, a Delaware corporation, and KA Credit Advisors, LLC, a Delaware limited liability company and the investment adviser to the Company (the “Adviser”). This Agreement is intended to memorialize the waiver of certain fees the Adviser is otherwise entitled to receive pursuant to that certain Amended and Restated Investment Advisory Agreement, dated as of March 6, 2024, by and between the Company and the Adviser, as amended from time to time (the “A&R IAA”). The A&R IAA amends and restates that that certain Investment Advisory Agreement, dated as of February 5, 2021, by and between the Company and the Adviser (as amended by that certain Amendment, dated as of November 8, 2022) (the “Original Investment Advisory Agreement”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • New York
This TRADEMARK LICENSE AGREEMENT (“Agreement”) is effective as of the [●] day of [●], 2020 (“Effective Date”) between Kayne Anderson Capital Advisors, L.P. (“Licensor”), and Kayne Anderson BDC, LLC, a Delaware limited liability company and following its conversion to a Delaware corporation (“Licensee”).
CREDIT AGREEMENT dated as of February 5, 2021 by and among KAYNE ANDERSON BDC, INC., as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and CITY NATIONAL BANK, together with its successors and assigns as Agent and as the lead arrangerCredit Agreement • February 9th, 2021 • Kayne Anderson BDC, Inc. • New York
This CREDIT AGREEMENT, dated as of February 5, 2021 is entered into by and among KAYNE ANDERSON BDC, INC., a Delaware corporation (“Borrower”), the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and CITY NATIONAL BANK, a national banking association (“CNB”), as the administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”) and as the lead arranger.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 5th, 2024 • Kayne Anderson BDC, Inc. • New York
This FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of December 31, 2023, is by and among (1) KAYNE ANDERSON BDC, INC., a Delaware corporation (“Borrower”), (2) the Lenders (as defined below) party hereto and (3) CITY NATIONAL BANK (“CNB”), as administrative agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
KAYNE ANDERSON BDC, LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • Delaware
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 6th, 2023 • Kayne Anderson BDC, Inc. • New York
This THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of December 30, 2022, is by and among (1) KAYNE ANDERSON BDC, INC., a Delaware corporation (“Borrower”), (2) the Lenders (as defined below) party hereto and (3) CITY NATIONAL BANK (“CNB”), as administrative agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
INVESTMENT ADVISORY AGREEMENT BETWEEN KAYNE ANDERSON BDC, LLC AND KA CREDIT ADVISORS, LLCInvestment Advisory Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • Delaware
This Investment Advisory Agreement (this “Agreement”) is made as of [•], 2020, by and between Kayne Anderson BDC, LLC, a Delaware limited liability company and following its conversion to a Delaware corporation, Kayne Anderson BDC, Inc. (the “Company”), and KA Credit Advisors, LLC, a Delaware limited liability company (the “Adviser”).
Amendment to Investment Advisory AgreementInvestment Advisory Agreement • March 13th, 2023 • Kayne Anderson BDC, Inc.
THIS AMENDMENT TO INVESTMENT ADVISORY AGREEMENT (the “Amendment”) is made as of November 8, 2022 by and between KAYNE ANDERSON BDC, INC., a Delaware corporation (the “Company”) and KA CREDIT ADVISORS, LLC, a Delaware limited liability company (the “Adviser”).
LIMITED LIABILITY COMPANY AGREEMENT OF KAYNE ANDERSON BDC, LLCLimited Liability Company Agreement • November 9th, 2020 • Kayne Anderson BDC, LLC • Delaware
This LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Kayne Anderson BDC, LLC is entered into effective as of October 16, 2018 by and between KA Credit Advisors, LLC (or any entity which is the successor thereto), as the member (the “Member”) and Kayne Anderson BDC, LLC, a Delaware limited liability company (the “Company”).
SUB-ADMINISTRATION AGREEMENTSub-Administration Agreement • April 1st, 2024 • Kayne Anderson BDC, Inc. • Ohio
This Sub-Administration Agreement (this “Agreement”), effective as of March 28, 2023, is between KA Credit Advisors, LLC (the “Administrator”), a Delaware limited liability company, and Ultimus Fund Solutions, LLC (“Ultimus”), a limited liability company organized under the laws of the state of Ohio.
