Kayne Anderson Closed-End Funds Announce the Board’s Approval of Amended and Restated Bylaws
December 11 2020 - 3:43PM
KA Fund Advisors, LLC (“Kayne Anderson”), which serves as the
adviser to Kayne Anderson Energy Infrastructure Fund, Inc. (NYSE:
KYN) and Kayne Anderson NextGen Energy & Infrastructure, Inc.
(NYSE: KMF) (each a “Company”) announced today that each Company
has adopted Amended and Restated Bylaws (“Bylaws”). Under the new
Bylaws, each Company has elected to be subject to the Maryland
Control Share Acquisition Act (“MSCAA”). The MSCAA seeks to limit
the ability of an acquiring person to achieve a short-term gain at
the expense of the Company’s ability to pursue its investment
objective and policies and to seek long-term value for the rest of
the Company’s stockholders.
The MCSAA protects the interests of all stockholders of a
Maryland corporation by providing that any holder of “control
shares” acquired in a “control share acquisition” will not be
entitled to vote its shares unless the other stockholders of the
corporation reinstate those voting rights at a meeting of
stockholders by a vote of two-thirds of the votes entitled to be
cast on the matter, excluding the “acquiring person” (i.e. the
holder or group of holders acting in concert that acquires, or
proposes to acquire, “control shares” and any other holders of
“interested shares” as defined in the MCSAA). Generally, “control
shares” are shares that, when aggregated with shares already owned
by an acquiring person, would entitle the acquiring person to
exercise 10% or more, 33% or more, or a majority of the total
voting power of shares entitled to vote in the election of
directors.
The above description of the MCSAA election and amendments to
the Bylaws, is only a high-level summary and does not purport to be
complete. Investors should refer to the actual provisions of the
MCSAA and each Company’s Bylaws for more information, including
definitions of key terms, various exclusions and exemptions from
the statute’s scope, and the procedures by which stockholders may
approve the reinstatement of voting rights to holders of “control
shares.” Each Company’s Bylaws are available in the Governance
section of each Company’s webpage at www.kaynefunds.com.
Kayne Anderson Energy Infrastructure Fund, Inc. (NYSE: KYN) is a
non-diversified, closed-end management investment company
registered under the Investment Company Act of 1940, as amended,
whose common stock is traded on the NYSE. The company's investment
objective is to provide a high after-tax total return with an
emphasis on making cash distributions to stockholders. KYN intends
to achieve this objective by investing at least 80% of its total
assets in securities of Energy Infrastructure Companies. See
Glossary of Key Terms in the company’s most recent quarterly report
for a description of these investment categories and the meaning of
capitalized terms.
Kayne Anderson NextGen Energy & Infrastructure, Inc. (NYSE:
KMF) is a non-diversified, closed-end management investment company
registered under the Investment Company Act of 1940, as amended,
whose common stock is traded on the NYSE. The fund's investment
objective is to provide a high level of total return with an
emphasis on making cash distributions to its stockholders. KMF
seeks to achieve its investment objective by investing at least 80%
of its total assets in securities of Energy Companies and
Infrastructure Companies. The fund anticipates that the majority of
its investments will consist of investments in ”NextGen” companies,
which we define as Energy Companies and Infrastructure Companies
that are meaningfully participating in, or benefitting from, the
Energy Transition. See Glossary of Key Terms in the fund's most
recent quarterly report for a description of these investment
categories and the meaning of capitalized terms.
This press release shall not constitute an offer to sell or a
solicitation to buy, nor shall there be any sale of any securities
in any jurisdiction in which such offer or sale is not permitted.
Nothing contained in this press release is intended to recommend
any investment policy or investment strategy or take into account
the specific objectives or circumstances of any investor. Please
consult with your investment, tax, or legal adviser regarding your
individual circumstances prior to investing.
CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS: This
communication contains statements reflecting assumptions,
expectations, projections, intentions, or beliefs about future
events. These and other statements not relating strictly to
historical or current facts constitute forward-looking statements
as defined under the U.S. federal securities laws. Forward-looking
statements involve a variety of risks and uncertainties. These
risks include, but are not limited to, changes in economic and
political conditions; regulatory and legal changes; energy industry
risk; leverage risk; valuation risk; interest rate risk; tax risk;
and other risks discussed in detail in the Company’s filings with
the SEC, available at www.kaynefunds.com or www.sec.gov. Actual
events could differ materially from these statements or from our
present expectations or projections. You should not place undue
reliance on these forward-looking statements, which speak only as
of the date they are made. Kayne Anderson undertakes no obligation
to publicly update or revise any forward-looking statements made
herein. There is no assurance that the Company’s investment
objectives will be attained.
Contact: Investor Relations at 877-657-3863 or
cef@kaynecapital.com
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