0000950123-10-097298 Sample Contracts

AMENDED AND RESTATED LETTER OF CREDIT REIMBURSEMENT AGREEMENT Dated as of September 21, 2010
Letter of Credit Reimbursement Agreement • October 28th, 2010 • CMS Energy Corp • Electric & other services combined • Michigan

All other real property of the Company and all interests therein, of every nature and description (except any in the Indenture expressly excepted) wherever located, in the State of Michigan, acquired by it and not heretofore described in the Indenture or any supplement thereto and not heretofore released from the lien of the Indenture. Such real property includes but is not limited to the following described property, such property is subject to any interests that were excepted or reserved in the conveyance to the Company:

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1st Amendment to the Amended and Restated Power Purchase Agreement Between Consumers Energy Company And Midland Cogeneration Venture Limited Partnership
Power Purchase Agreement • October 28th, 2010 • CMS Energy Corp • Electric & other services combined

THIS AMENDMENT NO. 1 to Amended and Restated Power Purchase Agreement herein termed “Amendment No. 1,” dated as of March 1, 2010, between Consumers Energy Company, a Michigan corporation, herein called “Consumers,” and Midland Cogeneration Venture Limited Partnership, herein called “Seller.” Consumers and Seller are hereinafter sometimes referred to individually as “Party” and collectively as “Parties” where appropriate.

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