8-KOther Events

CMS ENERGY CORP 8-K Report (Dec 23, 2002)

Filed December 23, 2002For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) has announced a significant divestiture, entering into a definitive agreement to sell all of its Panhandle Companies, including Panhandle Eastern Pipe Line Company and its subsidiaries, to Southern Union Panhandle Corp. and its sponsors for $662 million in cash. This strategic move aims to accelerate debt reduction, a key priority for the company. The sale is expected to result in a significant goodwill impairment charge for 2002, with any difference between the assets' book value and the sale price, beyond goodwill impairment, to be recognized in discontinued operations. CMS Energy will retain its interests in the Centennial and Guardian pipelines, though it is exploring the sale of these as well. The transaction is subject to customary closing conditions, including regulatory approvals and the filing of restated financial statements for Panhandle. The deal is expected to close by June 30, 2003, with provisions for potential extensions and a daily delay penalty if closing is not achieved by certain dates. Financial advisors have provided fairness opinions on the consideration to be received by CMS Energy.

Key Highlights

  • 1CMS Energy to sell Panhandle Companies for $662 million cash.
  • 2Sale proceeds earmarked for accelerating debt reduction.
  • 3Significant goodwill impairment expected in 2002 related to the sale.
  • 4CMS Energy will retain interests in Centennial and Guardian pipelines, with potential for further divestiture.
  • 5Transaction subject to regulatory approvals and other closing conditions.
  • 6Deal expected to close by June 30, 2003, with potential delay penalties.
  • 7Fairness opinions received from Merrill Lynch and Salomon Smith Barney.

Frequently Asked Questions

CMS Energy is selling all the outstanding capital stock of its Panhandle Companies, which include Panhandle Eastern Pipe Line Company and its subsidiaries, for $662 million in cash, subject to certain adjustments.

CMS Energy intends to use the proceeds from the sale of the Panhandle Companies to accelerate its debt reduction efforts.

The sale is expected to result in a significant goodwill impairment charge for CMS Energy in 2002. Any difference between the book value of the assets and the sale price, not accounted for as goodwill impairment, will be recognized in discontinued operations in the fourth quarter of 2002.

Yes, CMS Energy will retain its indirect ownership interests in the Centennial refined petroleum liquids pipeline and the Guardian natural gas pipeline, and is currently exploring the sale of these interests.

The transaction is subject to several conditions, including the receipt of necessary governmental approvals, clearance under the Hart-Scott-Rodino Antitrust Improvements Act, receipt of certain other approvals and consents, and the filing of restated financial statements for Panhandle with the SEC.