UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) November 23, 2016
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Commission
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Registrant; State of Incorporation;
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IRS Employer
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1-9513 |
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CMS ENERGY CORPORATION
(A Michigan Corporation)
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38-2726431 |
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1-5611 |
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CONSUMERS ENERGY COMPANY
(A Michigan Corporation)
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38-0442310 |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.01. Entry into a Material Definitive Agreement.
On November 23, 2016, Consumers Energy Company (“Consumers”), a principal subsidiary of CMS Energy Corporation, and The Bank of Nova Scotia agreed to extend the termination date of the $250 million secured Revolving Credit Agreement dated as of November 23, 2015 between Consumers and The Bank of Nova Scotia (the “Agreement”). The Agreement was previously filed as Exhibit 10.1 to the Form 8-K filed November 25, 2015 and is incorporated herein by reference. Subject to the terms of the Agreement, effective as of November 23, 2016, the termination date will extend for a period of one year to November 23, 2018. Obligations under the Agreement will continue to be secured by first mortgage bonds of Consumers issued pursuant to the 126th Supplemental Indenture dated as of November 23, 2015 to the Indenture dated as of September 1, 1945, between Consumers and The Bank of New York Mellon, Trustee.
The Bank of Nova Scotia has provided banking and underwriting services to Consumers in the ordinary course of business.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
10.1 Description of the $250 million secured Revolving Credit Agreement Extension
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.
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CMS ENERGY CORPORATION |
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Dated: November 23, 2016 |
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/s/ Thomas J. Webb |
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Thomas J. Webb |
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Executive Vice President and |
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Chief Financial Officer |
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CONSUMERS ENERGY COMPANY |
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Dated: November 23, 2016 |
By: |
/s/ Thomas J. Webb |
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Thomas J. Webb |
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Executive Vice President and |
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Chief Financial Officer |
Exhibit 10.1
Description of the $250 million secured Revolving Credit Agreement Extension
November 23, 2016
Pursuant to the terms of the $250 million secured Revolving Credit Agreement, dated as of November 23, 2015, between Consumers Energy Company and The Bank of Nova Scotia, the parties have all agreed, effective November 23, 2016, to extend the Termination Date (as defined therein) for a period of one year to November 23, 2018.