8-KMaterial AgreementsExhibits & Filings

CMS ENERGY CORP 8-K Report, Material Agreement (Jun 4, 2007)

Filed June 4, 2007For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on June 4, 2007, to report on the divestiture of international assets. The company, through its subsidiaries, entered into agreements to sell its interests in the GasAtacama project in Chile and Argentina for $80 million, and a power plant in Jamaica for $14 million. These sales are part of a strategic move to exit certain international operations and focus on its core domestic utility business. The transactions are subject to customary closing conditions, including regulatory and lender approvals. The divestiture of these international assets is a significant event for CMS Energy, impacting its asset portfolio and potentially its future earnings. Investors should monitor the closing of these sales, as they are expected to occur in the third quarter of 2007 (GasAtacama) and by year-end 2007 (Jamaica). The company also highlighted that it has no post-closing indemnity obligations for these sales, and Ashmore Energy International has provided a guarantee for the GasAtacama buyer's obligations.

Key Highlights

  • 1CMS Energy is selling its interests in the GasAtacama project (natural gas pipelines and a power plant in Chile/Argentina) for $80 million.
  • 2CMS Energy is also selling its interest in a diesel-fueled power plant in Jamaica for $14 million.
  • 3The buyer for both transactions is Ashmore Energy International (AEI), through its wholly-owned subsidiaries.
  • 4The sales are part of CMS Energy's strategy to divest international assets.
  • 5Closing for the GasAtacama sale is expected in Q3 2007; for the Jamaica sale by December 31, 2007.
  • 6Both transactions are subject to certain closing conditions, including regulatory and lender approvals.
  • 7CMS Energy has no post-closing indemnity obligations for these sales.

Frequently Asked Questions

CMS Energy is selling its interests in the GasAtacama project, which includes natural gas pipelines in Argentina and Chile, and a 780 MW gas-fired power plant in Chile. Additionally, they are selling a 63 MW diesel-fueled power plant in Jamaica.

The buyer is Ashmore Energy International (AEI), through its wholly-owned subsidiaries. The total sale price is $80 million for the GasAtacama project and $14 million for the Jamaica power plant, totaling $94 million.

These sales appear to be part of CMS Energy's strategy to divest its international assets, likely to focus on its core domestic utility operations.

The closing of the GasAtacama sale is anticipated in the third quarter of 2007, while the sale of the Jamaica power plant is expected to be completed by December 31, 2007. However, these timelines are contingent on satisfying certain closing conditions.