Item 1.01. Entry into a Material Definitive Agreement.
On November 23, 2022, Consumers Energy Company ("Consumers"), a principal
subsidiary of CMS Energy Corporation, and The Bank of Nova Scotia entered into
the First Amendment (the "Amendment") to the Amended and Restated $250 million
secured Revolving Credit Agreement dated as of November 19, 2018 between
Consumers and The Bank of Nova Scotia (the "Agreement"). The Agreement was
previously filed as Exhibit 10.1 to the Form 8-K filed November 20, 2018 and
is incorporated herein by reference. The Amendment (i) extended the Termination
Date of the Agreement for a period of one year from the Existing Termination
Date to November 19, 2024 and (ii) replaced the London interbank offered rate
with the forward-looking term rate based on the secured overnight financing rate
(the "SOFR Rate") as the interest rate benchmark. Consumers may continue, at its
option, to also borrow revolving loans under the Agreement that incur interest
based on the Alternate Base Rate, as defined in the Agreement. Obligations under
the Agreement will continue to be secured by first mortgage bonds of Consumers
issued pursuant to the 126th Supplemental Indenture dated as of November 23,
2015 to the Indenture dated as of September 1, 1945, between Consumers and The
Bank of New York Mellon, Trustee.
The foregoing description of the Amendment does not purport to be complete and
is qualified in its entirety by the provisions of the Amendment, which is
attached hereto as Exhibit 10.1 and incorporated by reference herein. The Bank
of Nova Scotia has provided banking and underwriting services to Consumers in
the ordinary course of business.
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