Change in Control AgreementChange in Control Agreement • February 25th, 2009 • CMS Energy Corp • Electric & other services combined • Michigan
THIS CHANGE IN CONTROL AGREEMENT (hereinafter referred to as this “Agreement”) is made, entered into, and effective as of , 20 (hereinafter referred to as the “Effective Date”), by and between , a Michigan corporation, (hereinafter referred to as the “Employer”) and (hereinafter referred to as the “Executive”).
September 25, 2008Reimbursement Agreement • February 25th, 2009 • CMS Energy Corp • Electric & other services combined • New York
Please refer to the Letter of Credit Reimbursement Agreement dated as of November 30, 2007 (the “Reimbursement Agreement”) between Consumers Energy Company (the “Company”) and The Bank of Nova Scotia (the “Bank”). Capitalized terms used but not defined herein have the respective meanings set forth in the Reimbursement Agreement.
RECEIVABLES PURCHASE AGREEMENT dated as of May 22, 2003 Among CONSUMERS RECEIVABLES FUNDING II, LLC, as Seller, CONSUMERS ENERGY COMPANY, as Servicer, FALCON ASSET SECURITIZATION CORPORATION, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTIES...Receivables Purchase Agreement • February 25th, 2009 • CMS Energy Corp • Electric & other services combined • New York
Such undivided percentage ownership interest shall be initially computed on its date of purchase. Thereafter, until the Amortization Date, each Purchaser Interest shall be automatically recomputed (or deemed to be recomputed) on each day prior to the Amortization Date. The variable percentage represented by any Purchaser Interest as computed (or deemed recomputed) as of the close of the Business Day immediately preceding the Amortization Date shall remain constant at all times thereafter.
Officer Separation AgreementOfficer Separation Agreement • February 25th, 2009 • CMS Energy Corp • Electric & other services combined • Michigan
THIS OFFICER SEPARATION AGREEMENT (“Agreement”) is made, entered into, and effective as of (hereinafter referred to as the “Effective Date”), by and between, , a Michigan corporation, (hereinafter referred to as the “Employer”) and (hereinafter referred to as the “Officer”).
RECEIVABLES SALE AGREEMENT dated as of May 22, 2003 Between CONSUMERS ENERGY COMPANY, as Originator And CONSUMERS RECEIVABLES FUNDING II, LLC, as BuyerReceivables Sale Agreement • February 25th, 2009 • CMS Energy Corp • Electric & other services combined • New York
THIS AMENDMENT NO. 1 TO RECEIVABLES SALE AGREEMENT (this “Amendment”) dated as of May 20, 2004, is entered into among CONSUMERS RECEIVABLES FUNDING II, LLC (“Buyer”) and CONSUMERS ENERGY COMPANY (“Originator”). Capitalized terms used herein without definition shall have the meanings ascribed thereto in the “Receivables Sale Agreement” referred to below.
AMENDMENT NO. 2Credit Agreement • February 25th, 2009 • CMS Energy Corp • Electric & other services combined • New York
This AMENDMENT NO. 2, dated as of January 23, 2009 (this “Amendment”), is by and among CMS Energy Corporation, a Michigan corporation (the “Borrower”), the financial institutions parties to the “Credit Agreement” (defined below) as lenders (the “Lenders”), and Citicorp USA, Inc. (“CUSA”), as administrative agent (in such capacity, the “Administrative Agent”).
