CMS ENERGY CORPORATION $300,000,000 8.75% Senior Notes due 2019Underwriting Agreement • June 15th, 2009 • 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 $300,000,000 in principal amount of its 8.75% Senior Notes due 2019 (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 September 15, 1992 between the Company and The Bank of New York Mellon (ultimate successor to NBD Bank, National Association), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by the Twenty-Third Supplemental Indenture, to be dated as of June 15, 2009 (the “Supplemental Indenture”), establishing the terms of the Securities (as so supplement
CMS ENERGY CORPORATION $150,000,000 5.50% Convertible Senior Notes due 2029Underwriting Agreement • June 15th, 2009 • 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 $150,000,000 in principal amount of its 5.50% Convertible Senior Notes due 2029 (the “Initial 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 Initial Securities are to be issued pursuant to the provisions of the Indenture dated as of September 15, 1992 between the Company and The Bank of New York Mellon (ultimate successor to NBD Bank, National Association), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by the Twenty-Second Supplemental Indenture, to be dated as of June 15, 2009 (the “Supplemental Indenture”), establishing the terms of the
