FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
BY AND AMONGStock Purchase Agreement • August 4th, 2006 • CMS Energy Corp • Electric & other services combined • New York
CMS ENERGY CORPORATION GENERAL TERM NOTES(R), SERIES G DUE FROM NINE MONTHS TO TWENTY-FIVE YEARS FROM DATE OF ISSUE DISTRIBUTION AGREEMENTDistribution Agreement • December 12th, 2001 • CMS Energy Corp • Electric & other services combined • Michigan
WITNESSETH:Supplemental Indenture • July 23rd, 2003 • CMS Energy Corp • Electric & other services combined
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
ARTICLE III POWERS, DUTIES AND RIGHTS OF THE GUARANTEE TRUSTEEGuarantee Agreement • August 15th, 2000 • CMS Energy Corp • Electric & other services combined • New York
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
1 EXHIBIT 1(A) CMS ENERGY CORPORATION ___% Senior Notes due ___ Underwriting AgreementUnderwriting Agreement • April 7th, 1999 • CMS Energy Corp • Electric & other services combined • New York
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
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
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
EXHIBIT 10 28,500,000 Shares CMS ENERGY CORPORATION Common Stock ($0.01 par value) Underwriting AgreementUnderwriting Agreement • October 13th, 2004 • CMS Energy Corp • Electric & other services combined • New York
July 9, 2003 Citigroup Global Markets Inc. As Representative of the several Initial Purchasers named in Schedule I hereto 388 Greenwich Street New York, New York 10013 Ladies and Gentlemen: CMS Energy Corporation, a Michigan corporation (the...Purchase Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
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
EXHIBIT (1) CMS ENERGY CORPORATION __% Senior Notes Due 2002Underwriting Agreement • May 1st, 1997 • CMS Energy Corp • Electric & other services combined • New York
andPledge Agreement • August 15th, 2000 • CMS Energy Corp • Electric & other services combined • New York
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
INDENTUREIndenture • March 14th, 1996 • CMS Energy Corp • Electric & other services combined • New York
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
INDENTURE 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).
EXHIBIT (d)(6) 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...Warrant Agreement • November 9th, 2004 • CMS Energy Corp • Electric & other services combined
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
CMS ENERGYPledge and Security Agreement • March 12th, 2004 • CMS Energy Corp • Electric & other services combined • New York
TOSupplemental Indenture • February 24th, 2006 • CMS Energy Corp • Electric & other services combined
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...Warrant Agreement • November 9th, 2004 • CMS Energy Corp • Electric & other services combined
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
WITNESSETH:Third Supplemental Indenture • May 14th, 1997 • CMS Energy Corp • Electric & other services combined
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
WITNESSETH:Supplemental Indenture • February 1st, 2005 • CMS Energy Corp • Electric & other services combined
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
andFourth Supplemental Indenture • September 11th, 2000 • CMS Energy Corp • Electric & other services combined • New York
andPurchase Contract Agreement • August 15th, 2000 • CMS Energy Corp • Electric & other services combined • New York
WITNESSETH:Fifth Supplemental Indenture • November 14th, 1997 • CMS Energy Corp • Electric & other services combined
BETWEENPower Purchase Agreement • October 30th, 2009 • CMS Energy Corp • Electric & other services combined • Michigan
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • September 10th, 1998 • CMS Energy Corp • Electric & other services combined • New York
CALL OPTION AGREEMENT --------------Call Option Agreement • July 13th, 1999 • CMS Energy Corp • Electric & other services combined • New York
