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.
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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 G-1 FORM OF BOND DELIVERY AGREEMENT (SUPPLEMENTAL INDENTURE) BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO BANK ONE, NA, AS AGENT Dated as of March 27October 17, 2003 --------------- 2002 Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and due April 15, 2003 Collateral Series (Interest Bearing) --------------- ------------------ G-1 THIS BOND DELIVERY AGREEMENT (this "Agreement"), dated as of March 27October 17, 20032002, is between Consumers Energy Company (the "Company"), and Bank One, NA, as agent (the "Agent") under the Credit Term Loan Agreement (as amended, supplemented or otherwise modified from time to time, the "Credit Loan Agreement") dated as of March 27October 17, 20032002, 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 Loan Agreement.
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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 27September __, 2003 --------------- ____________________________ Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and 2003 2003-1 Collateral Series (Interest Bearing) --------------- THIS BOND DELIVERY AGREEMENT (this "Agreement"), dated as of March 27September __, 2003, is between Consumers Energy Company (the "Company"), and Bank One, NA, as agent (the "Agent") under the Amended and Restated Credit Agreement (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of March 27September __, 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.
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Samples: Credit Agreement (CMS Energy Corp)
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 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. EXHIBIT G FORM OF BOND DELIVERY AGREEMENT BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO to UNION BANK ONEOF CALIFORNIA, NAN.A., AS AGENT as Agent Dated as of March 27September 11, 2003 --------------- 2008 Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and 2003 2008-1 Collateral Series (Interest Bearing) --------------- THIS BOND DELIVERY AGREEMENT (this "“Agreement"”), dated as of March 27September 11, 20032008, is between Consumers Energy Company Company, a Michigan corporation (the "“Company"”), and Union Bank Oneof California, NAN.A., as administrative agent (in such capacity, the "“Agent"”) for the Banks under the Revolving Credit Agreement Agreement, dated as of September 11, 2008 (as amended, amended and restated, 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"”), 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.
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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 ONECITICORP NORTH AMERICA, NAINC., AS AGENT Dated as of March 2728, 2003 --------------- ------------------- Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and 2003 Collateral Series (Interest Bearing) --------------- due March 28, 2006 ------------------ THIS BOND DELIVERY AGREEMENT (this "Agreement"), dated as of March 2728, 2003, is between Consumers Energy Company (the "Company"), and Bank OneCiticorp North America, NAInc., as agent (the "Agent") under the Credit Term Loan Agreement (as amended, supplemented or otherwise modified from time to time, the "Credit Loan Agreement") dated as of March 2728, 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 Loan Agreement.
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Samples: Term Loan Agreement (Panhandle Eastern Pipe Line Co)
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 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. EXHIBIT G FORM OF BOND DELIVERY AGREEMENT BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO BANK ONEto JPMORGAN CHASE BANK, NAN.A., AS AGENT as Agent Dated as of March 2730, 2003 --------------- 2007 Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and 2003 2007-1 Collateral Series (Interest Bearing) --------------- THIS BOND DELIVERY AGREEMENT (this "“Agreement"”), dated as of March 2730, 20032007, is between Consumers Energy Company (the "“Company"”), and Bank OneJPMorgan Chase Bank, NAN.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 2730, 2003, 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.
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Samples: Credit Agreement (CMS Energy Corp)
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 G-1 FORM OF BOND DELIVERY AGREEMENT (INITIAL BORROWING DATE) BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO BANK ONECITICORP USA, NAINC., AS AGENT Dated as of March 27July 12, 2003 --------------- 2002 ------------------- Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and due July 11, 2003 Collateral Series (Interest Bearing) --------------- ------------------ THIS BOND DELIVERY AGREEMENT (this "Agreement"), dated as of March 27July 12, 20032002, is between Consumers Energy Company (the "Company"), and Bank OneCiticorp USA, NAInc., as agent (the "Agent") under the Credit Term Loan Agreement (as amended, supplemented or otherwise modified from time to time, the "Credit Loan Agreement") dated as of March 27July 12, 20032002, 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 Loan Agreement.,
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