DTE ENERGY COMPANY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Purchase Contract Agent, Collateral Agent, Custodial Agent and Securities Intermediary PURCHASE CONTRACT AND PLEDGE AGREEMENT Dated as of October 5, 2016Purchase Contract and Pledge Agreement • October 5th, 2016 • Dte Energy Co • Electric services • New York
PURCHASE CONTRACT AND PLEDGE AGREEMENT, dated as of October 5, 2016, among DTE ENERGY COMPANY, a corporation duly organized and existing under the laws of the State of Michigan (the “Company”), The Bank of New York Mellon Trust Company, N.A., a national banking association, acting as purchase contract agent for, and, for purposes of the Pledge created hereby, as attorney-in-fact of, the Holders from time to time of the Units (in such capacities, together with its successors and assigns in such capacities, the “Purchase Contract Agent”), as collateral agent hereunder for the benefit of the Company (in such capacity, together with its successors in such capacity, the “Collateral Agent”), as custodial agent (in such capacity, together with its successors in such capacity, the “Custodial Agent”), and as securities intermediary (as defined in Section 8-102(a)(14) of the UCC) with respect to the Collateral Account (in such capacity, together with its successors in such capacity, the “Securit
DTE Energy Company Underwriting AgreementUnderwriting Agreement • October 5th, 2016 • Dte Energy Co • Electric services • New York
DTE Energy Company, a Michigan corporation (the “Company”) proposes to issue and sell severally to the firms named in Schedule I hereto (such firms constituting the “Underwriters”) $400,000,000 aggregate principal amount of the Company’s 2016 Series D 1.500% Senior Notes due 2019 (the “2019 Notes”) and $600,000,000 aggregate principal amount of the Company’s 2016 Series E 2.850% Senior Notes due 2026 (the “2026 Notes”), in each case, with the terms specified in Schedule II hereto (the 2019 Notes and 2026 Notes, collectively, the “Securities”). The Securities will be issued pursuant to the provisions of an Indenture, dated as of April 9, 2001, as supplemented, and as to be supplemented by a Supplemental Indenture establishing the Securities (the “Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A. (successor to The Bank of New York), as Indenture Trustee (the “Indenture Trustee”).
SERIES C SUPPLEMENTAL INDENTURESupplemental Indenture • October 5th, 2016 • Dte Energy Co • Electric services • New York
THIS SERIES C SUPPLEMENTAL INDENTURE, dated as of September 1, 2016 (the “Series C Supplemental Indenture”), is between DTE ENERGY COMPANY, a Michigan corporation, having its principal office at One Energy Plaza, Detroit, Michigan 48226-1279 (the “Company”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association, as trustee under the Base Indenture (as defined below), having a corporate trust office at 101 Barclay Street, New York, NY 10286 (herein called the “Trustee”).
SUPPLEMENTAL INDENTURE DATED AS OF OCTOBER 1, 2016 SUPPLEMENTING THE AMENDED AND RESTATED INDENTURE DATED AS OF APRIL 9, 2001Supplemental Indenture • October 5th, 2016 • Dte Energy Co • Electric services
SUPPLEMENTAL INDENTURE, dated as of the 1st day of October, 2016, between DTE ENERGY COMPANY, a corporation organized and existing under the laws of the State of Michigan (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”);
DTE Energy Company Underwriting AgreementUnderwriting Agreement • October 5th, 2016 • Dte Energy Co • Electric services • New York
Each Corporate Unit will initially consist of (a) a 1/20th, or 5%, undivided beneficial ownership interest in $1,000 principal amount of the Company’s 2016 Series C 1.50% Remarketable Senior Notes due 2024 (the “Notes”) and (b) a stock purchase contract (a “Purchase Contract”) issued by the Company pursuant to which the holder of such Purchase Contract will purchase from the Company on October 1, 2019, subject to earlier termination or settlement, for an amount in cash equal to the stated amount per Security of $50 (the “Stated Amount”), a number of shares of common stock, without par value, of the Company (the “Common Stock”), as set forth in the Purchase Contract and Pledge Agreement (as defined herein). The Notes will be issued pursuant to the provisions of an Indenture, dated as of April 9, 2001, as supplemented, and as to be supplemented by a Supplemental Indenture establishing the Notes (collectively, the “Indenture”), between the Company and The Bank of New York Mellon Trust Com
