KAYNE ANDERSON MIDSTREAM/ENERGY FUND, INC. AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 10, 2016 By and Among JPMORGAN CHASE BANK, N.A., as Administrative Agent, CITIBANK, N.A., As Syndication Agent, and THE SEVERAL BANKS FROM TIME TO...Credit Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of November 10, 2016, between (i) KAYNE ANDERSON MIDSTREAM/ENERGY 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”); (iii) Citibank, N.A. (“Citibank”) as syndication agent for the Lenders hereunder (the “Syndication Agent”); and (iv) JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as administrative agent for the Lenders hereunder (the “Administrative Agent”), amending and restating the Credit Agreement originally dated as of January 20, 2011, as amended by the First Amendment Agreement dated as of November 21, 2013 and the Second Amendment Agreement dated as of September 21, 2015, among the parties hereto as otherwise here
KAYNE ANDERSON MIDSTREAM/ENERGY FUND, INC. $30,000,000 3.46% Series E Senior Unsecured Notes due July 30, 2021 NOTE PURCHASE AGREEMENT Dated as of April 30, 2014Note Purchase Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
KAYNE ANDERSON MIDSTREAM/ENERGY 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:
AGENCY AGREEMENT (RELATED TO NOTE PURCHASE AGREEMENT DATED AS OF APRIL 30, 2014) Dated as of April 30, 2014Agency Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
AGENCY AGREEMENT, dated as of April 30, 2014 between Kayne Anderson Midstream/Energy Fund, Inc. (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as paying agent (the “Paying Agent”) and the Note Purchasers (as defined below).
AGENCY AGREEMENT (RELATED TO SECURITIES PURCHASE AGREEMENT DATED APRIL 30, Dated as of April 30, 2014Agency Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
AGENCY AGREEMENT (RELATED TO NOTE PURCHASE AGREEMENT DATED MARCH 22, 2012) Dated as of March 22, 2012Agency Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
AGENCY AGREEMENT, dated as of March 22, 2012 between Kayne Anderson Midstream/Energy Fund, Inc. (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as paying agent (the “Paying Agent”) and the Note Purchasers (as defined below).
AMENDMENT NO. 1 AND REAFFIRMATIONAmendment No. 1 and Reaffirmation • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
AMENDMENT NO. 1 AND REAFFIRMATION, dated as of October 5, 2015, (this “Agreement”), by and between KAYNE ANDERSON MIDSTREAM/ENERGY FUND, INC., a Maryland corporation (the “Borrower”) and SUMITOMO MITSUI BANKING CORPORATION as agent (the “Lender”). The parties hereto are parties to the Credit Agreement, dated as of July 25, 2014 (the “Credit Agreement” and capitalized terms not defined herein shall have the meanings set forth in the Credit Agreement) and hereby agree as follows:
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
This SECOND AMENDMENT TO CREDIT AGREEMENT (this “Second Amendment”), dated as of July 19, 2016, is made by and among (i) KAYNE ANDERSON MIDSTREAM/ENERGY 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 the Loan Agreement (the “Lenders”); and (iii) SUMITOMO MITSUI BANKING CORPORATION (“SMBC”), as administrative agent for the Lenders thereunder (the “Administrative Agent”) and as Lender.
KAYNE ANDERSON MIDSTREAM/ENERGY FUND, INC. Series C Mandatory Redeemable Preferred Shares SECURITIES PURCHASE AGREEMENT Dated April 30, 2014Securities Purchase Agreement • April 9th, 2018 • Kayne Anderson Midstream/Energy Fund, Inc. • New York
KAYNE ANDERSON MIDSTREAM/ENERGY 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:
