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CMS > SEC Filings for CMS > Form 8-K on 28-Jul-2014All Recent SEC Filings

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Form 8-K for CMS ENERGY CORP


28-Jul-2014

Entry into a Material Definitive Agreement, Financial Statements and Exhibits


Item 1.01. Entry into a Material Definitive Agreement.

On July 22, 2014, Consumers Energy Company ("Consumers Energy"), a principal subsidiary of CMS Energy Corporation ("CMS Energy"), amended its Amended and Restated Receivables Purchase Agreement dated as of November 23, 2010 (the "Purchase Agreement"). The parties to the Purchase Agreement are listed in the Purchase Agreement, which was previously filed as Exhibit 10.34 to the Form 10-K filed February 24, 2011 and is incorporated herein by reference. On July 22, 2014, Consumers Energy also amended its Receivables Sale Agreement dated as of May 22, 2003 (the "Sale Agreement"). The parties to the Sale Agreement are listed in the Sale Agreement, which was previously filed as Exhibit 10(v) to the Form 10-Q filed October 30, 2009 and is incorporated herein by reference. The effect of these amendments is to contemplate the sale by Consumers Energy of certain securitization property to its wholly owned subsidiary Consumers 2014 Securitization Funding LLC as described in recent Securities and Exchange Commission filings.

The Bank of Nova Scotia has provided banking and underwriting services to Consumers Energy in the ordinary course of business.

The foregoing descriptions of the amendments do not purport to be complete and are qualified in their entirety by the provisions of the amendments, which are attached hereto as Exhibits 10.1 and 10.2 and incorporated herein by reference.



Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

10.1  Amendment No. 6 to Amended and Restated Receivables Purchase Agreement
      dated as of July 22, 2014

10.2  Amendment No. 9 to Receivables Sale Agreement dated as of July 22, 2014


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