1 FORM 8-K CURRENT REPORT SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED) AUGUST 15, 2000 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) FAIRLANE PLAZA SOUTH, SUITE 1100 330 TOWN CENTER DRIVE DEARBORN, MICHIGAN 48126 (313) 436-9261 2 Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits The following exhibits are filed with reference to the Registration Statement on Form S-3 (Registration Nos. 333-68937, 333-68937-01 and 333-68937-02)of CMS Energy Corporation, CMS Energy Trust II and CMS Energy Trust III: 1(d) Form of Underwriting Agreement among CMS Energy Corporation, Morgan Stanley & Co. Incorporated, Donaldson, Lufkin & Jenrette Securities, Banc of America Securities LLC Corporation and with respect to the Trust Premium Equity Participating Security Units. 4(w) Form of Fourth Supplemental Indenture between CMS Energy Corporation and The Bank of New York. 4(x) Form of Amended and Restated Declaration of Trust by and among CMS Energy Corporation, as Sponsor, the Regular Trustees, The Bank of New York, as Property Trustee, The Bank of New York (Delaware), as Delaware Trustee, and the Holders of the Securities. 4(y) Form of Guarantee Agreement between CMS Energy Corporation and The Bank of New York, as the Guarantee Trustee. 4(z) Form of Pledge Agreement among CMS Energy Corporation and The Chase Manhattan Bank, as Collateral Agent, The Chase Manhattan Bank, as Securities Intermediary, and The Bank of New York, as Purchase Contract Agent. 4(aa) Form of Purchase Contract Agreement between CMS Energy Corporation and The Bank of New York, as purchase Contract Agent. 4(bb) Form of Remarketing Agreement between CMS Energy Corporation, CMS Energy Trust III and Morgan Stanley & Co., Incorporated. 4(cc) Form of Subordinated Debenture (included as Exhibit A to Form of Fourth Supplemental Indenture filed as Exhibit 4(w)). 4(dd) Form of Trust Preferred Security (included as Exhibit A to Amended and Restated Declaration of Trust of CMS Energy Trust III filed as Exhibit 4(x)). 4(ee) Form of Certificate Evidencing PEPS Units (included as Exhibit A to Form of Purchase Contract Agreement filed as Exhibit 4(aa)). 4(ff) Form of Certificate Evidencing Treasury PEPS Units (included as Exhibit B to Form of Purchase Contract Agreement filed as Exhibit 4(aa)). 3 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. CMS ENERGY CORPORATION Date: August 15,2000 By: /s/ Thomas A. McNish ------------------------------- Name: Thomas A. McNish Title: Vice President and Secretary 4 INDEX TO EXHIBITS Exhibit No. Description 1(d) Form of Underwriting Agreement among CMS Energy Corporation, Morgan Stanley & Co. Incorporated, Donaldson, Lufkin & Jenrette Securities, Banc of America Securities LLC Corporation and with respect to the Trust Premium Equity Participating Security Units. 4(w) Form of Fourth Supplemental Indenture between CMS Energy Corporation and The Bank of New York. 4(x) Form of Amended and Restated Declaration of Trust by and among CMS Energy Corporation, as Sponsor, the Regular Trustees, The Bank of New York, as Property Trustee, The Bank of New York (Delaware), as Delaware Trustee, and the Holders of the Securities. 4(y) Form of Guarantee Agreement between CMS Energy Corporation and The Bank of New York, as the Guarantee Trustee. 4(z) Form of Pledge Agreement among CMS Energy Corporation and The Chase Manhattan Bank, as Collateral Agent, The Chase Manhattan Bank, as Securities Intermediary, and The Bank of New York, as Purchase Contract Agent. 4(aa) Form of Purchase Contract Agreement between CMS Energy Corporation and The Bank of New York, as purchase Contract Agent. 4(bb) Form of Remarketing Agreement between CMS Energy Corporation, CMS Energy Trust III and Morgan Stanley & Co., Incorporated. 4(cc) Form of Subordinated Debenture (included as Exhibit A to Form of Fourth Supplemental Indenture filed as Exhibit 4(w)). 4(dd) Form of Trust Preferred Security (included as Exhibit A to Amended and Restated Declaration of Trust of CMS Energy Trust III filed as Exhibit 4(x)). 4(ee) Form of Certificate Evidencing PEPS Units (included as Exhibit A to Form of Purchase Contract Agreement filed as Exhibit 4(aa)). 4(ff) Form of Certificate Evidencing Treasury PEPS Units (included as Exhibit B to Form of Purchase Contract Agreement filed as Exhibit 4(aa)).