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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) January 8, 2008
| Commission | Registrant; State of Incorporation; | IRS Employer | ||
| File Number | Address; and Telephone Number | Identification No. | ||
| 1-9513 | CMS ENERGY CORPORATION | 38-2726431 | ||
| (A Michigan Corporation) | ||||
| One Energy Plaza | ||||
| Jackson, Michigan 49201 | ||||
| (517) 788-0550 | ||||
| 1-5611 | CONSUMERS ENERGY COMPANY | 38-0442310 | ||
| (A Michigan Corporation) | ||||
| One Energy Plaza | ||||
| Jackson, Michigan 49201 | ||||
| (517) 788-0550 |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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| Item 1.01 Entry into a Material Definitive Agreement | ||||||||
| Item 9.01 Financial Statements and Exhibits | ||||||||
| SIGNATURES | ||||||||
| Assumption and Acceptance dated January 8, 2008 | ||||||||
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Item 1.01 Entry into a Material Definitive Agreement
As a result of CMS Energy Company (“CMS”) exercising its existing rights under its $300 Million Seventh Amended and Restated Credit Agreement dated as of April 2, 2007 (“CMS Facility”), the lenders thereunder have increased their commitments under the CMS Facility to $550 million. The commitment increase under the CMS Facility was affected by an Assumption and Acceptance dated January 8, 2008, which is attached hereto as Exhibit 10.1 and is incorporated herein by reference. The CMS Facility was previously filed as Exhibit 10.2 to the
Form 8-K filed April 2, 2007, and is also incorporated herein by reference.
Form 8-K filed April 2, 2007, and is also incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits.
10.1 Assumption and Acceptance dated January 8, 2008.
This Form 8-K contains “forward-looking statements” as defined in Rule 3b-6 of the Securities Exchange Act of 1934, as amended, Rule 175 of the Securities Act of 1933, as amended, and relevant legal decisions. The forward-looking statements are subject to risks and uncertainties. They should be read in conjunction with “FORWARD-LOOKING STATEMENTS AND INFORMATION” and “RISK FACTORS” each found in the MANAGEMENT’S DISCUSSION AND ANALYSIS sections of CMS Energy’s Form 10-K, Consumers’ Form 10-K for the Year Ended December 31, 2006 and a form 8-K filed June 4, 2007 amending CMS Energy’s 2006 financial statements to reflect certain discontinued operations resulting from certain recent asset sales, as well as updated in CMS Energy’s and Consumers’ Forms 10-Q for the Quarters ended March 31, 2007, June 30, 2007 and September 30, 2007 (CMS Energy’s and Consumers’ “FORWARD-LOOKING STATEMENTS AND INFORMATION” and “RISK FACTORS” sections are incorporated herein by reference), that discuss important factors that could cause CMS Energy’s and Consumers’ results to differ materially from those anticipated in such statements.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.
| CMS ENERGY CORPORATION | ||||
| Dated: January 11, 2008 | By: | /s/ Thomas J. Webb | ||
| Thomas J. Webb | ||||
| Executive Vice President and Chief Financial Officer | ||||
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| CONSUMERS ENERGY COMPANY | ||||
| Dated: January 11, 2008 | By: | /s/ Thomas J. Webb | ||
| Thomas J. Webb | ||||
| Executive Vice President and Chief Financial Officer | ||||