8-KOther EventsExhibits & Filings

CMS ENERGY CORP 8-K Report, Corporate Update (Sep 12, 2008)

Filed September 12, 2008For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

This Form 8-K filing by CMS Energy Corp. (CMS) on September 12, 2008, primarily serves to file exhibits related to a recent offering. Specifically, it includes the Underwriting Agreement for debt issuance, a Supplemental Indenture for First Mortgage Bonds, the form of these bonds, and a legal opinion regarding their issuance. This suggests the company has recently completed or is in the process of completing a debt financing transaction. Investors should note that this filing is largely administrative and focuses on the legal and contractual documentation of a debt offering. The information provided is primarily for compliance purposes and does not contain new operational or financial performance data. However, the existence of this debt issuance, particularly the 6.125% First Mortgage Bonds due 2019, provides insight into the company's capital structure and its strategy for funding operations or growth. Investors interested in the specifics of this debt issuance should review the referenced exhibits.

Key Highlights

  • 1CMS Energy Corp. filed an 8-K on September 12, 2008, to exhibit documents related to a recent offering.
  • 2The filing includes the Underwriting Agreement for the issuance of debt securities.
  • 3Key exhibits are the One Hundred Tenth Supplemental Indenture and the form of 6.125% First Mortgage Bonds due 2019.
  • 4A legal opinion from the Assistant General Counsel confirms the legality of the issued First Mortgage Bonds.
  • 5This filing indicates the completion or near completion of a debt financing transaction by Consumers Energy Company.
  • 6The company is referencing prior filings (10-K and 10-Q) for forward-looking statements and risk factors.
  • 7Thomas J. Webb, Executive Vice President and Chief Financial Officer, signed the filing for both CMS Energy Corporation and Consumers Energy Company.

Frequently Asked Questions

The main purpose of this 8-K filing is to submit various exhibits related to a debt offering, including the underwriting agreement, supplemental indenture, bond form, and legal opinion concerning the issuance of Consumers Energy Company's 6.125% First Mortgage Bonds due 2019.

No, this filing is primarily administrative and serves to provide supporting documentation for a completed or ongoing debt issuance. It does not contain new financial results or operational performance data. For such information, investors should refer to the company's previous 10-K and 10-Q filings, which are incorporated by reference for forward-looking statements and risk factors.

Consumers Energy Company issued 6.125% First Mortgage Bonds due 2019, as detailed in the One Hundred Tenth Supplemental Indenture and the form of the bond included as exhibits.

The underwriters for this debt offering included Citigroup Global Markets Inc., J.P. Morgan Securities Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, SunTrust Robinson Humphrey, Inc., Daiwa Securities America Inc, Fifth Third Securities, Inc., and The Huntington Investment Company.