CONSUMERS ENERGY COMPANY Underwriting AgreementUnderwriting Agreement • September 3rd, 2019 • Consumers Energy Co • Electric & other services combined • New York
Consumers Energy Company, a Michigan corporation (the “Company”), proposes to issue and sell to the several Underwriters (as defined in Section 12 hereof) an aggregate of $550,000,000 in principal amount of its 3.10% First Mortgage Bonds 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 September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by the 136th Supplemental Indenture, to be dated as of September 3, 2019 (the “Supplemental Indenture”), establishing the terms of the Securities (as so sup
ONE HUNDRED THIRTY-SIXTH SUPPLEMENTAL INDENTURE Providing among other things for FIRST MORTGAGE BONDS,Supplemental Indenture • September 3rd, 2019 • Consumers Energy Co • Electric & other services combined • Michigan
THIS ONE HUNDRED THIRTY-SIXTH SUPPLEMENTAL INDENTURE, dated as of September 3, 2019 (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, herein
