CMS ENERGY CORPORATION Underwriting AgreementUnderwriting Agreement • November 25th, 2020 • CMS Energy Corp • Electric & other services combined • New York
CMS Energy Corporation, a Michigan corporation (the “Company”), proposes to issue and sell to the several Underwriters (as defined in Section 12 hereof) an aggregate of $400,000,000 in principal amount of its 3.75% Fixed-to-Fixed Reset Rate Junior Subordinated Notes due 2050 (the “Securities”), subject to the terms and conditions set forth herein. The Underwriters have designated the Representatives (as defined in Section 12 hereof) to execute this Agreement on their behalf and to act for them in the manner provided in this Agreement. The Securities are to be issued pursuant to the provisions of the Indenture dated as of June 1, 1997 between the Company and The Bank of New York Mellon (formerly known as The Bank of New York), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by the Tenth Supplemental Indenture, to be dated as of November 25, 2020 (the “Supplemental Indenture”), establishing the terms of the Securities (
TENTH SUPPLEMENTAL INDENTURE dated as of November 25, 2020Supplemental Indenture • November 25th, 2020 • CMS Energy Corp • Electric & other services combined
This Tenth Supplemental Indenture, dated as of the 25th day of November, 2020 (this “Tenth Supplemental Indenture”), between CMS Energy Corporation, a corporation duly organized and existing under the laws of the State of Michigan (hereinafter called the “Issuer”) and having its principal office at One Energy Plaza, Jackson, Michigan 49201, and The Bank of New York Mellon, a New York banking corporation (hereinafter called the “Trustee”) and having its Corporate Trust Office at 240 Greenwich Street, New York, New York 10286.
