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CMS ENERGY CORP 8-K Report, Material Agreement (Feb 6, 2007)

Filed February 6, 2007For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) has filed an 8-K report detailing a significant divestiture. On February 3, 2007, its wholly-owned subsidiary, CMS Enterprises Company, entered into an Agreement of Purchase and Sale with Abu Dhabi National Energy Company PJSC (Buyer) to sell CMS Generation Co. for approximately $900 million. This sale includes CMS Energy's indirect interests in independent power and water projects and plant operations and maintenance companies located in the United Arab Emirates, Morocco, Saudi Arabia, Ghana, and India. The transaction, which excludes non-utility North American electric generating plants, is anticipated to close by the end of May 2007, subject to various closing conditions including governmental, lender, and partner approvals. This divestiture represents a strategic move for CMS Energy to streamline its operations and focus on its North American assets. The proceeds from this sale will be a significant influx of capital for the company. The filing also discloses an incentive compensation arrangement for Thomas W. Elward, President and Chief Operating Officer of CMS Enterprises, tied to the proceeds from this generation sale and a separate Latin American asset divestiture, highlighting the company's focus on incentivizing key executives during these significant transactions.

Key Highlights

  • 1CMS Energy to sell its international power and water projects business (CMS Generation) for approximately $900 million.
  • 2The buyer is Abu Dhabi National Energy Company PJSC (TAQA).
  • 3The sale includes assets in the UAE, Morocco, Saudi Arabia, Ghana, and India.
  • 4The transaction is expected to close by the end of May 2007, subject to regulatory and partner approvals.
  • 5Proceeds will exclude non-utility North American electric generating plants.
  • 6An incentive compensation of up to $413,000 plus potential bonuses is approved for Thomas W. Elward, tied to the proceeds from this sale and a Latin American asset sale.

Frequently Asked Questions

This 8-K filing announces a material definitive agreement for CMS Energy to sell its international independent power and water projects business, CMS Generation Co., to Abu Dhabi National Energy Company PJSC for approximately $900 million.

The sale includes CMS Energy's indirect interests in independent power and water projects and plant operations and maintenance companies located in the United Arab Emirates, Morocco, Saudi Arabia, Ghana, and India. It specifically mentions Al Taweelah A2 and Shuweihat S1 projects in the UAE, Jorf Lasfar Energy Company in Morocco, Jubail Energy Company in Saudi Arabia, Takoradi International Company in Ghana, and the ST CMS Company plant in India.

The sale specifically excludes CMS Energy's non-utility North American electric generating plants.

The transaction is expected to close by the end of May 2007. Key conditions include the receipt of all necessary governmental, lender, and partner approvals, as well as other customary closing conditions.

An incentive compensation arrangement has been approved for Thomas W. Elward, President and Chief Operating Officer of CMS Enterprises. He is eligible to receive up to $413,000 plus additional bonuses tied to the total sale proceeds from this generation sale and a separate Latin American asset sale, reaching pre-established threshold amounts.