0001104659-20-060592 Sample Contracts

CONSUMERS ENERGY COMPANY 2.50% First Mortgage Bonds due 2060 Underwriting Agreement
Underwriting Agreement • May 13th, 2020 • Consumers Energy Co • Electric & other services combined • New York

Optional Redemption: Make-whole call at any time prior to November 1, 2059 at the Treasury rate plus 20 basis points and, thereafter, at par

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ONE HUNDRED FORTIETH SUPPLEMENTAL INDENTURE Providing among other things for FIRST MORTGAGE BONDS,
Supplemental Indenture • May 13th, 2020 • Consumers Energy Co • Electric & other services combined • Michigan

THIS ONE HUNDRED FORTIETH SUPPLEMENTAL INDENTURE, dated as of May 13, 2020 (herein sometimes referred to as “this Supplemental Indenture”), made and entered into by and between CONSUMERS ENERGY COMPANY, a corporation organized and existing under the laws of the State of Michigan, with its principal executive office and place of business at One Energy Plaza, in Jackson, Jackson County, Michigan 49201, formerly known as Consumers Power Company (hereinafter sometimes referred to as the “Company”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a New York banking corporation, with its corporate trust offices at 240 Greenwich Street, New York, New York 10286 (hereinafter sometimes referred to as the “Trustee”), as Trustee under the Indenture dated as of September 1, 1945 between Consumers Power Company, a Maine corporation (hereinafter sometimes referred to as the “Maine corporation”), and City Bank Farmers Trust Company (Citibank, N.A., successor, hereinafter som

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