8-KMaterial AgreementsExhibits & Filings

CMS ENERGY CORP 8-K Report, Material Agreement (Sep 16, 2008)

Filed September 16, 2008For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed this Form 8-K on September 16, 2008, primarily to report the entry into material definitive agreements. The key filings highlighted are the One Hundred Ninth Supplemental Indenture and a $150 million Revolving Credit Agreement, both dated September 11, 2008, and involving Consumers Energy Company. These agreements are significant as they relate to the company's financing and debt structure, indicating potential adjustments to its capital management and liquidity. Investors should note that the report includes forward-looking statements and refers readers to detailed risk factors and forward-looking information in previous SEC filings (10-K for year-end 2007 and 10-Q for quarters ended March 31 and June 30, 2008).

Key Highlights

  • 1CMS Energy's subsidiary, Consumers Energy Company, entered into a material definitive agreement on September 11, 2008.
  • 2The agreement includes the execution of the One Hundred Ninth Supplemental Indenture, dated September 11, 2008.
  • 3Consumers Energy also entered into a $150 million Revolving Credit Agreement dated September 11, 2008.
  • 4The Revolving Credit Agreement involves Consumers Energy, various banks, an LC Issuer, Co-Syndication Agents, and a Documentation Agent.
  • 5The filing emphasizes that these are material definitive agreements, suggesting an impact on the company's financial operations or strategic position.
  • 6The report incorporates by reference risk factors and forward-looking information from previous 10-K and 10-Q filings, advising investors to consult these for a comprehensive understanding of potential risks.

Frequently Asked Questions

The filing primarily concerns Consumers Energy Company entering into a new revolving credit agreement for $150 million and a supplemental indenture. These types of agreements are typically related to the company's debt financing, capital structure, and overall liquidity management.

This Form 8-K is filed to formally disclose the entry into material definitive agreements. For investors, this means that the company has entered into significant contracts that could have a material impact on its financial condition or operations, and it's required by the SEC to report such events promptly.

The filing explicitly states that investors should read the forward-looking statements in conjunction with the "FORWARD-LOOKING STATEMENTS AND INFORMATION" and "RISK FACTORS" sections found in CMS Energy's and Consumers Energy's prior Form 10-K (for the Year Ended December 31, 2007) and their Forms 10-Q (for the Quarters Ended March 31, 2008 and June 30, 2008). These sections are incorporated by reference.