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, 2013Kayne Anderson MLP Investment CO • January 23rd, 2014 • 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”).
