FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMarch 12th, 2004 Company Industry Jurisdiction
BY AND AMONGStock Purchase Agreement • August 4th, 2006 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledAugust 4th, 2006 Company Industry Jurisdiction
WITNESSETH:Supplemental Indenture • July 23rd, 2003 • CMS Energy Corp • Electric & other services combined
Contract Type FiledJuly 23rd, 2003 Company Industry
1 EXHIBIT 1(c) CMS ENERGY CORPORATION CMS ENERGY TRUST II 8.75% ADJUSTABLE CONVERTIBLE TRUST SECURITIES (Stated Amount $41.50 per Unit) UNDERWRITING AGREEMENTUnderwriting Agreement • July 13th, 1999 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledJuly 13th, 1999 Company Industry Jurisdiction
EXHIBIT 1(d) ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT made as of January 1, 2002, by and between RCG Equity Finance, a division of Ramius Securities, LLC, having its principal office at 666 Third Avenue, 26th Floor, New...Assignment and Assumption Agreement • February 1st, 2002 • CMS Energy Corp • Electric & other services combined
Contract Type FiledFebruary 1st, 2002 Company Industry
1 EXHIBIT 1 CMS ENERGY CORPORATION Skadden, Arps, Slate, Meagher & Flom LLP $400,000,000Distribution Agreement • August 6th, 1998 • CMS Energy Corp • Electric & other services combined • Michigan
Contract Type FiledAugust 6th, 1998 Company Industry Jurisdiction
SIXTH SUPPLEMENTAL INDENTURE DATED AS OFCMS Energy Corp • October 6th, 2000 • Electric & other services combined
Company FiledOctober 6th, 2000 Industry
UNDERWRITING AGREEMENTUnderwriting Agreement • August 15th, 2000 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledAugust 15th, 2000 Company Industry Jurisdiction
EXHIBIT 1(a) CMS Energy Corporation General Term Notes (registered trademark), Series C Due From Nine Months to Twenty-Five Years from Date of Issue DISTRIBUTION AGREEMENT November __, 1996 J. W. KORTH & COMPANY 32841 Middlebelt Road, Suite 400...CMS Energy Corp • November 26th, 1996 • Electric & other services combined • Michigan
Company FiledNovember 26th, 1996 Industry Jurisdiction
ARTICLE III POWERS, DUTIES AND RIGHTS OF THE GUARANTEE TRUSTEEGuarantee Agreement • August 15th, 2000 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledAugust 15th, 2000 Company Industry Jurisdiction
EXECUTION VERSION AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 19, 2003Credit Agreement • November 12th, 2003 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledNovember 12th, 2003 Company Industry Jurisdiction
Exhibit 4(j) FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 3, 2004Credit Agreement • March 10th, 2005 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMarch 10th, 2005 Company Industry Jurisdiction
andPledge Agreement • August 15th, 2000 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledAugust 15th, 2000 Company Industry Jurisdiction
Among CMS ENERGY CORPORATION as a Borrower CMS ENTERPRISES COMPANY as a Borrower THE BANKS NAMED HEREIN as BanksCredit Agreement • June 6th, 2005 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledJune 6th, 2005 Company Industry Jurisdiction
EXHIBIT 10 28,500,000 Shares CMS ENERGY CORPORATION Common Stock ($0.01 par value) Underwriting AgreementCMS Energy Corp • October 13th, 2004 • Electric & other services combined • New York
Company FiledOctober 13th, 2004 Industry Jurisdiction
EXHIBIT (d)(5) THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, OFFERED...CMS Energy Corp • November 9th, 2004 • Electric & other services combined
Company FiledNovember 9th, 2004 Industry
1 EXHIBIT 1(A) CMS ENERGY CORPORATION ___% Senior Notes due ___ Underwriting AgreementCMS Energy Corp • April 7th, 1999 • Electric & other services combined • New York
Company FiledApril 7th, 1999 Industry Jurisdiction
1 EXHIBIT 1 (c) CMS ENERGY CORPORATION CMS ENERGY TRUST II % ADJUSTABLE CONVERTIBLE TRUST SECURITIES (Stated Amount $ per Unit) UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • June 29th, 1999 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledJune 29th, 1999 Company Industry Jurisdiction
TOCMS Energy Corp • February 24th, 2006 • Electric & other services combined
Company FiledFebruary 24th, 2006 Industry
CMS ENERGYPledge and Security Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMarch 12th, 2004 Company Industry Jurisdiction
EXHIBIT 10 FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of September 1, 2003 (the "Effective Date"), by and between CMS Energy Corporation, a Michigan...Employment Agreement • October 24th, 2003 • CMS Energy Corp • Electric & other services combined • Michigan
Contract Type FiledOctober 24th, 2003 Company Industry Jurisdiction
EXHIBIT 4(b) REGISTRATION RIGHTS AGREEMENT Dated as of August 17, 2004Registration Rights Agreement • August 20th, 2004 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledAugust 20th, 2004 Company Industry Jurisdiction
WITNESSETH:CMS Energy Corp • November 14th, 1997 • Electric & other services combined
Company FiledNovember 14th, 1997 Industry
CMS ENERGY CORPORATION AND THE BANK OF NEW YORK MELLON, as Trustee INDENTURE Dated as of May 5, 2023 3.375% Convertible Senior Notes due 2028Indenture • May 5th, 2023 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMay 5th, 2023 Company Industry JurisdictionINDENTURE dated as of May 5, 2023 between CMS ENERGY CORPORATION, a Michigan corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
INDENTUREIndenture • March 14th, 1996 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMarch 14th, 1996 Company Industry Jurisdiction
andCMS Energy Corp • September 11th, 2000 • Electric & other services combined • New York
Company FiledSeptember 11th, 2000 Industry Jurisdiction
EXHIBIT (1) CMS ENERGY CORPORATION __% Senior Notes Due 2002CMS Energy Corp • May 1st, 1997 • Electric & other services combined • New York
Company FiledMay 1st, 1997 Industry Jurisdiction
Exhibit (1)CMS Energy Corp • July 1st, 1997 • Electric & other services combined
Company FiledJuly 1st, 1997 Industry
EXHIBIT 4(L) REGISTRATION RIGHTS AGREEMENT Dated as of December 5, 2003Registration Rights Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMarch 12th, 2004 Company Industry Jurisdiction
EXHIBIT 4(d) REGISTRATION RIGHTS AGREEMENT Dated as of November 7, 1997Registration Rights Agreement • December 23rd, 1997 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledDecember 23rd, 1997 Company Industry Jurisdiction
EXHIBIT 4ai ONE HUNDRED THIRD SUPPLEMENTAL INDENTURE PROVIDING AMONG OTHER THINGS FOR FIRST MORTGAGE BONDS, 2005-1 COLLATERAL SERIES (INTEREST BEARING) DATED AS OF MAY 18, 2005 CONSUMERS ENERGY COMPANYCMS Energy Corp • June 6th, 2005 • Electric & other services combined
Company FiledJune 6th, 2005 Industry
CALL OPTION AGREEMENT --------------Option Agreement • July 13th, 1999 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledJuly 13th, 1999 Company Industry Jurisdiction
FORM OF DISTRIBUTION AGREEMENTCMS Energy Corp • February 28th, 1996 • Electric & other services combined • Michigan
Company FiledFebruary 28th, 1996 Industry Jurisdiction
EXHIBIT 4(k) REGISTRATION RIGHTS AGREEMENT Dated as of July 17, 2003Registration Rights Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
Contract Type FiledMarch 12th, 2004 Company Industry Jurisdiction
WITNESSETH:CMS Energy Corp • February 1st, 2005 • Electric & other services combined
Company FiledFebruary 1st, 2005 Industry