LIMITED LIABILITY COMPANY AGREEMENT OF CONSUMERS 2023 SECURITIZATION FUNDING LLC Dated and Effective as of December 12, 2023Limited Liability Company Agreement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • Delaware
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of CONSUMERS 2023 SECURITIZATION FUNDING LLC, a Delaware limited liability company (the “Company”), is made and entered into as of December 12, 2023 by CONSUMERS ENERGY COMPANY, a Michigan corporation, as sole equity member of the Company (together with any additional or successor members of the Company, each in their capacity as a member of the Company, other than Special Members, the “Member”), and Albert J. Fioravanti, as the Independent Manager (as defined herein).
INDENTURE by and between CONSUMERS 2023 SECURITIZATION FUNDING LLC, Issuer and THE BANK OF NEW YORK MELLON, Indenture Trustee, Securities Intermediary and Account Bank Dated as of December 12, 2023Indenture • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • Michigan
This INDENTURE, dated as of December 12, 2023, is by and between Consumers 2023 Securitization Funding LLC, a Delaware limited liability company, and THE BANK OF NEW YORK MELLON, a New York banking corporation, in its capacity as indenture trustee for the benefit of the Secured Parties and in its separate capacities as a securities intermediary and as an account bank.
SECURITIZATION PROPERTY PURCHASE AND SALE AGREEMENT by and between CONSUMERS 2023 SECURITIZATION FUNDING LLC, Issuer and CONSUMERS ENERGY COMPANY, Seller Acknowledged and Accepted by The Bank of New York Mellon, as Indenture Trustee Dated as of...Securitization Property Purchase and Sale Agreement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • Michigan
This SECURITIZATION PROPERTY PURCHASE AND SALE AGREEMENT, dated as of December 12, 2023, is by and between Consumers 2023 Securitization Funding LLC, a Delaware limited liability company, and Consumers Energy Company, a Michigan corporation (the “Seller”), and acknowledged and accepted by The Bank of New York Mellon, as indenture trustee.
ADMINISTRATION AGREEMENTAdministration Agreement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • Michigan
This ADMINISTRATION AGREEMENT, dated as of December 12, 2023, is entered into by and between CONSUMERS ENERGY COMPANY, as administrator, and CONSUMERS 2023 SECURITIZATION FUNDING LLC, a Delaware limited liability company.
UNDERWRITING AGREEMENTUnderwriting Agreement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • New York
ContractSeries Supplement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • Michigan
This SERIES SUPPLEMENT, dated as of December 12, 2023 (this “Supplement”), is by and between Consumers 2023 Securitization Funding LLC, a limited liability company created under the laws of the State of Delaware (the “Issuer”), and The Bank of New York Mellon, a New York banking corporation (“Bank”), in its capacity as indenture trustee (the “Indenture Trustee”) for the benefit of the Secured Parties under the Indenture dated as of December 12, 2023, by and between the Issuer and The Bank of New York Mellon, in its capacity as Indenture Trustee and in its separate capacities as a securities intermediary and an account bank (the “Indenture”).
SECURITIZATION PROPERTY SERVICING AGREEMENT by and between CONSUMERS 2023 SECURITIZATION FUNDING LLC, Issuer and CONSUMERS ENERGY COMPANY, Servicer Acknowledged and Accepted by The Bank of New York Mellon, as Indenture Trustee Dated as of December 12,...Securitization Property Servicing Agreement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • Michigan
This SECURITIZATION PROPERTY SERVICING AGREEMENT, dated as of December 12, 2023, is by and between CONSUMERS 2023 SECURITIZATION FUNDING LLC, a Delaware limited liability company, as issuer, and CONSUMERS ENERGY COMPANY, a Michigan corporation, as servicer, and acknowledged and accepted by The Bank of New York Mellon, as indenture trustee.
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 6th, 2023 • Consumers 2023 Securitization Funding LLC • Electric & other services combined • New York
This INTERCREDITOR AGREEMENT dated as of December 12, 2023 (this “Agreement”), is among THE BANK OF NEW YORK MELLON, a New York banking corporation, with an office at 240 Greenwich Street, Floor 7 East, New York, New York 10286 (as Trustee under the 2014 Indenture referred to below, the “2014 Bond Trustee”), CONSUMERS 2014 SECURITIZATION FUNDING LLC, a Delaware limited liability company with an office at One Energy Plaza, Jackson, Michigan 49201 (the “2014 Bond Issuer”), THE BANK OF NEW YORK MELLON, a New York banking corporation, with an office at 240 Greenwich Street, Floor 7 East, New York, New York 10286 (as Trustee under the 2023 Indenture referred to below, the “2023 Bond Trustee”), CONSUMERS 2023 SECURITIZATION FUNDING LLC, a Delaware limited liability company with an office at One Energy Plaza, Jackson, Michigan 49201 (the “2023 Bond Issuer”), and CONSUMERS ENERGY COMPANY, a Michigan corporation with an office at One Energy Plaza, Jackson, Michigan 49201 (in its individual capa
