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”) $___aggregate principal amount of auction rate senior notes Series E (the “Series E Notes”). The Series E Notes will be issued pursuant to the provisions of an indenture (the “Base Indenture”) dated as of March 28, 2005, between the Company and The Bank of New York Trust Company, N.A., a national banking association, as trustee (the “Trustee”), a supplemental indenture between the Company and the Trustee, dated March 28, 2005 (the “First Supplemental Indenture”) and a supplemental indenture between the Company and the Trustee, to be dated December ___, 2005 (the “Second Supplemental Indenture,” and together with the First Supplemental Indenture and the Base Indenture, the “Indenture”). The Company and the Company’s i
SECOND SUPPLEMENTAL INDENTURE OF TRUSTSecond Supplemental Indenture of Trust • December 7th, 2005 • Kayne Anderson MLP Investment CO
THIS SECOND SUPPLEMENTAL INDENTURE OF TRUST (this “Second Supplemental Indenture”) dated as of December ___, 2005, is by and between KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Issuer”) and THE BANK OF NEW YORK TRUST COMPANY, N.A., a national banking association duly organized and operating under the laws of the United States of America (together with its successors, the “Trustee”), as trustee hereunder (all capitalized terms used in these preambles, recitals and granting clauses shall have the same meanings assigned thereto in Article I hereof);
FORM OF BROKER-DEALER AGREEMENTBroker-Dealer Agreement • December 7th, 2005 • Kayne Anderson MLP Investment CO • New York
We are a Broker-Dealer for (the [“Purchaser”]/[“Seller”]), which [purchased]/[sold] Series E Notes of in the Auction held on from the [purchaser]/[seller] of such Series E Notes.
KAYNE ANDERSON MLP INVESTMENT COMPANY AUCTION AGENCY AGREEMENT dated as of [ ], 2005 relating to the AUCTION RATE SENIOR NOTES [$ ] SERIES E, DUE [ ], 2045 The Bank of New York as Auction AgentAuction Agency Agreement • December 7th, 2005 • Kayne Anderson MLP Investment CO • New York
This Auction Agency Agreement (this “Agreement”), dated as of December ___, 2005, is between Kayne Anderson MLP Investment Company (the “Company”), The Bank of New York, and The Bank of New York Trust Company, N.A.
