Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. EXHIBIT F TERMS OF SUBORDINATION [GUARANTY OF HYBRID PREFERRED SECURITIES] SECTION ___. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. EXHIBIT G FORM OF BOND DELIVERY AGREEMENT BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO BANK ONE, NA, AS AGENT Dated as of March 27, 2003 --------------- Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and 2003 Collateral Series (Interest Bearing) --------------- THIS BOND DELIVERY AGREEMENT (this "Agreement"), dated as of March 27, 2003, is between Consumers Energy Company (the "Company"), and Bank One, NA, as agent (the "Agent") under the Credit Agreement (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of March 27, 2003, among the Company, the financial institutions parties thereto (the "Banks"), and the Agent. Capitalized terms used but not otherwise defined herein have the respective meanings assigned to such terms in the Credit Agreement.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. INCREASING BANK SUPPLEMENT, dated __________, 20___ (this “Supplement”), by and among each of the signatories hereto, to the Amended and Restated Revolving Credit Agreement, dated as of November 19, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Consumers Energy Company, a Michigan corporation (the “Company”), the Banks party thereto and The Bank of Nova Scotia, as administrative agent (in such capacity, the “Agent”).
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article shall not be construed as preventing the occurrence of an Event of Default under Section . INCREASING BANK SUPPLEMENT, dated , 20 (this “Supplement”), by and among each of the signatories hereto, to the Fourth Amended and Restated Revolving Credit Agreement, dated as of June 5, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among CMS Energy Corporation, a Michigan corporation (the “Company”), the Banks party thereto and Barclays Bank PLC, as administrative agent (in such capacity, the “Agent”).
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ___. [GUARANTY OF HYBRID EQUITY SECURITIES/HYBRID PREFERRED SECURITIES] SECTION __. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. The Applicable Margin shall be determined pursuant to the table below. Commitment Fee Rate 0.20 % 0.25 % 0.30 % 0.40 % 0.50 % Applicable Margin for Eurodollar Rate Loans 1.50 % 1.75 % 2.00 % 2.25 % 2.50 % Applicable Margin for Floating Rate Loans 0.50 % 0.75 % 1.00 % 1.25 % 1.50 % For purposes of the foregoing: Changes in the Applicable Margin and the Commitment Fee Rate resulting from a change in the Pricing Level shall become effective on the effective date of any change in the Senior Debt Rating from S&P or Xxxxx’x. In the event of a split in the Senior Debt Rating from S&P and Xxxxx’x that would otherwise result in the application of more than one Pricing Level (had the provisions regarding the applicability of other Pricing Levels contained in the definitions thereof not been given effect), then the Applicable Margin and the Commitment Fee Rate shall be determined as follows: (x) if the split in the Senior Debt Rating is one Pricing Level, then the higher Senior Debt Rating will be the applicable Pricing Level, (y) if the split in the Senior Debt Rating is two Pricing Levels, the midpoint between the two will be the applicable Pricing Level, and (z) if the split in the Senior Debt Rating is more than two Pricing Levels, the Pricing Level will be the Pricing Level immediately below the higher Pricing Level. If either (but not both) Xxxxx’x or S&P shall cease to be in the business of rating corporate debt obligations, the Pricing Levels shall be determined on the basis of the Senior Debt Ratings provided by the other rating agency. If at any time both the Secured Debt and the Unsecured Debt of the Company is unrated by Xxxxx’x and S&P, the Pricing Level will be Pricing Level V; provided that if the reason that there is no such Senior Debt Rating results f...
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article shall not be construed as preventing the occurrence of an Event of Default under Section . The Applicable Margin shall be determined pursuant to the table below. Applicable Margin for Eurodollar Rate Loans 0.75 % 0.80 % 0.85 % 1.00 % 1.25 % Applicable Margin for Floating Rate Loans 0.00 % 0.00 % 0.00 % 0.00 % 0.25 % For purposes of the foregoing: Changes in the Applicable Margin resulting from a change in the Pricing Level shall become effective on the effective date of any change in the Senior Unsecured Debt Rating from S&P or Xxxxx’x. In the event of a split in the Senior Unsecured Debt Rating from S&P and Xxxxx’x that would otherwise result in the application of more than one Pricing Level (had the provisions regarding the applicability of other Pricing Levels contained in the definitions thereof not been given effect), then the Applicable Margin shall be determined as follows: (x) if the split in the Senior Unsecured Debt Rating is one Pricing Level, then the higher Senior Unsecured Debt Rating will be the applicable Pricing Level, (y) if the split in the Senior Unsecured Debt Rating is two Pricing Levels, the midpoint between the two will be the applicable Pricing Level, and (z) if the split in the Senior Unsecured Debt Rating is more than two Pricing Levels, the Pricing Level will be the Pricing Level immediately below the higher Pricing Level. If either (but not both) Xxxxx’x or S&P shall cease to be in the business of rating corporate debt obligations, the Pricing Levels shall be determined on the basis of the Senior Unsecured Debt Ratings provided by the other rating agency. If at any time the Unsecured Debt of the Company is unrated by Xxxxx’x and S&P, the Pricing Level will be Pricing Level V; provided that if the reason that there is no such Senior Unsecured Debt Rating results from Xxxxx’x and S&P ceasing to issue debt ratings generally, then the Company and the Agent may select a Substitute Rating Agency for purposes of the foregoing Pricing Schedule (and all references in the Credit Agreement to Xxxxx’x and S&P, as applicable, shall refer to such Substitute Rating Agency), and until a Substitute Rating Agency is so selected, the Pricing Level shall be determined by reference to the Senior Unsecured Debt Rating most recently in effect prior to cessation.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article shall not be construed as preventing the occurrence of an Event of Default under Section . SECTION . This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. INCREASING BANK SUPPLEMENT, dated , 20 (this “Supplement”), by and among each of the signatories hereto, to the Amended and Restated Revolving Credit Agreement, dated as of December 21, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among CMS Energy Corporation, a Michigan corporation (the “Company”), the Banks party thereto and Barclays Bank PLC, as administrative agent (in such capacity, the “Agent”).
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ___ shall not be construed as preventing the occurrence of an Event of Default under Section ___. SECTION ___. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. THIS BOND DELIVERY AGREEMENT (this “Agreement”), dated as of March 30, 2007, is between Consumers Energy Company (the “Company”), and JPMorgan Chase Bank, N.A., as administrative agent (the “Agent”) under the Fourth Amended and Restated Credit Agreement (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) dated as of March 30, 2007 among the Company, the financial institutions parties thereto (the “Banks”), and the Agent. Capitalized terms used but not otherwise defined herein have the respective meanings assigned to such terms in the Credit Agreement.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ___ shall not be construed as preventing the occurrence of an Event of Default under Section ___. SECTION ___. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. THIS BOND DELIVERY AGREEMENT (this “Agreement”), dated as of September 11, 2008, is between Consumers Energy Company, a Michigan corporation (the “Company”), and Union Bank of California, N.A., as administrative agent (in such capacity, the “Agent”) for the Banks under the Revolving Credit Agreement, dated as of September 11, 2008 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Company, the financial institutions parties thereto (the “Banks”), Union Bank of California, N.A., as an LC Issuer, and the Agent. Capitalized terms used but not otherwise defined herein have the respective meanings assigned to such terms in the Credit Agreement.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. EXHIBIT I TERMS OF SUBORDINATION (Guaranty of Hybrid Preferred Securities)
