0000950123-11-037780 Sample Contracts

KAYNE ANDERSON ENERGY TOTAL RETURN FUND, INC. CREDIT AGREEMENT Dated as of June 26, 2009 JPMORGAN CHASE BANK, N.A., as Administrative Agent and THE SEVERAL BANKS FROM TIME TO TIME PARTIES HERETO
Credit Agreement • April 21st, 2011 • Kayne Anderson Energy Total Return Fund, Inc. • New York

CREDIT AGREEMENT dated as of June 26, 2009 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between (i) KAYNE ANDERSON ENERGY TOTAL RETURN FUND, INC., 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”).

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ACCESSION AGREEMENT (Citibank, N.A.)
Accession Agreement • April 21st, 2011 • Kayne Anderson Energy Total Return Fund, Inc. • 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 ENERGY TOTAL RETURN FUND, INC., 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 TOTAL RETURN FUND, INC. 5.65% Series A Senior Unsecured Notes due August 13, 2011 5.90% Series B Senior Unsecured Notes due August 13, 2012 6.06% Series C Senior Unsecured Notes due August 13, 2013 NOTE PURCHASE AGREEMENT Dated...
Agency Agreement • April 21st, 2011 • Kayne Anderson Energy Total Return Fund, Inc. • New York

KAYNE ANDERSON ENERGY TOTAL RETURN 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:

KAYNE ANDERSON ENERGY TOTAL RETURN FUND, INC. $58,000,000 4.15% Series D Senior Unsecured Notes due March 5, 2015 $27,000,000 Floating Rate Series E Senior Unsecured Notes due March 5, 2015 NOTE PURCHASE AGREEMENT Dated March 5, 2010
Agency Agreement • April 21st, 2011 • Kayne Anderson Energy Total Return Fund, Inc. • New York

KAYNE ANDERSON ENERGY TOTAL RETURN 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:

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