KAYNE ANDERSON MLP INVESTMENT COMPANY (a Maryland corporation) [-] Shares of Series [-] Mandatory Redeemable Preferred Shares (Liquidation Preference $[-] Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • January 23rd, 2014 • 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 $[-] OF COMMON STOCK CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • January 23rd, 2014 • 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:
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 • January 23rd, 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”).
