Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article shall not be construed as preventing the occurrence of an Event of Default under Section . EXHIBIT E INTENTIONALLY OMITTED EXHIBIT F FORM OF INCREASING BANK SUPPLEMENT INCREASING BANK SUPPLEMENT, dated , 20 (this “Supplement”), by and among each of the signatories hereto, to the Third Amended and Restated Revolving Credit Agreement, dated as of December 20, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Consumers Energy Company, a Michigan corporation (the “Company”), the Banks party thereto and JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Agent”).
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. EXHIBIT F TERMS OF SUBORDINATION [GUARANTY OF HYBRID PREFERRED SECURITIES] SECTION ___. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. EXHIBIT G FORM OF BOND DELIVERY AGREEMENT BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO BANK ONE, NA, AS AGENT Dated as of March 27, 2003 --------------- Relating to First Mortgage Bonds, 2003 Collateral Series (Zero Rate) and 2003 Collateral Series (Interest Bearing) --------------- THIS BOND DELIVERY AGREEMENT (this "Agreement"), dated as of March 27, 2003, is between Consumers Energy Company (the "Company"), and Bank One, NA, as agent (the "Agent") under the Credit Agreement (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of March 27, 2003, among the Company, the financial institutions parties thereto (the "Banks"), and the Agent. Capitalized terms used but not otherwise defined herein have the respective meanings assigned to such terms in the Credit Agreement.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ___. EXHIBIT E TERMS OF SUBORDINATION [GUARANTY OF HYBRID EQUITY SECURITIES/HYBRID PREFERRED SECURITIES] SECTION __. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. SCHEDULE 1 PRICING SCHEDULE The Applicable Margin shall be determined pursuant to the table below. Pricing Level I Pricing Level II Pricing Level III Pricing Level IV Pricing Level V Commitment Fee Rate 0.20 % 0.25 % 0.30 % 0.40 % 0.50 % Applicable Margin for Eurodollar Rate Loans 1.50 % 1.75 % 2.00 % 2.25 % 2.50 % Applicable Margin for Floating Rate Loans 0.50 % 0.75 % 1.00 % 1.25 % 1.50 % For purposes of the foregoing: Changes in the Applicable Margin and the Commitment Fee Rate resulting from a change in the Pricing Level shall become effective on the effective date of any change in the Senior Debt Rating from S&P or Xxxxx’x. In the event of a split in the Senior Debt Rating from S&P and Xxxxx’x that would otherwise result in the application of more than one Pricing Level (had the provisions regarding the applicability of other Pricing Levels contained in the definitions thereof not been given effect), then the Applicable Margin and the Commitment Fee Rate shall be determined as follows: (x) if the split in the Senior Debt Rating is one Pricing Level, then the higher Senior Debt Rating will be the applicable Pricing Level, (y) if the split in the Senior Debt Rating is two Pricing Levels, the midpoint between the two will be the applicable Pricing Level, and (z) if the split in the Senior Debt Rating is more than two Pricing Levels, the Pricing Level will be the Pricing Level immediately below the higher Pricing Level. If either (but not both) Xxxxx’x or S&P shall cease to be in the business of rating corporate debt obligations, the Pricing Levels shall be determined on the basis of the Senior Debt Ratings provided by the other rating agency. If at any time both the Secured Debt and the Unsecured Debt of the Company is unra...
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. EXHIBIT E TERMS OF SUBORDINATION [GUARANTY OF HYBRID EQUITY SECURITIES/HYBRID PREFERRED SECURITIES]
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. EXHIBIT F TERMS OF SUBORDINATION [Guaranty of Hybrid Preferred Securities] SECTION ___. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. EXHIBIT G FORM OF BOND DELIVERY AGREEMENT BOND DELIVERY AGREEMENT CONSUMERS ENERGY COMPANY TO BARCLAYS BANK PLC, AS AGENT Dated as of March 31, 2006 --------------- Relating to First Mortgage Bonds, [200[ ]-[ ]] Collateral Series (Interest Bearing) ---------------
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. 125 EXHIBIT I TERMS OF SUBORDINATION (Guaranty of Hybrid Preferred Securities) SECTION ___. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor.
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. Amended and Restated Revolving Credit Agreement The Bank of Nova Scotia/Consumers Energy EXHIBIT E INTENTIONALLY OMITTED Amended and Restated Revolving Credit Agreement The Bank of Nova Scotia/Consumers Energy EXHIBIT F FORM OF INCREASING BANK SUPPLEMENT INCREASING BANK SUPPLEMENT, dated __________, 20___ (this “Supplement”), by and among each of the signatories hereto, to the Amended and Restated Revolving Credit Agreement, dated as of November 19, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Consumers Energy Company, a Michigan corporation (the “Company”), the Banks party thereto and The Bank of Nova Scotia, as administrative agent (in such capacity, the “Agent”).
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article shall not be construed as preventing the occurrence of an Event of Default under Section . EXHIBIT E TERMS OF SUBORDINATION [GUARANTY OF HYBRID EQUITY SECURITIES/HYBRID PREFERRED SECURITIES] SECTION . This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor and pari passu with any guarantee now or hereafter entered into by the Guarantor in respect of the securities representing common beneficial interests in the assets of the Issuer or of any preferred or preference stock of any affiliate of the Guarantor. EXHIBIT F FORM OF INCREASING BANK SUPPLEMENT INCREASING BANK SUPPLEMENT, dated , 20 (this “Supplement”), by and among each of the signatories hereto, to the Amended and Restated Revolving Credit Agreement, dated as of December 21, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Consumers Energy Company, a Michigan corporation (the “Company”), the Banks party thereto and JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Agent”).
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article ____ shall not be construed as preventing the occurrence of an Event of Default under Section ____. SCHEDULE 1 Intentionally Omitted SCHEDULE 2 COMMITMENT SCHEDULE BANK COMMITMENT U.S. Bank National Association $350,000,000 Sumitomo Mitsui Banking Corporation $350,000,000 PNC Bank, National Association $300,000,000 AGGREGATE COMMITMENT $1,000,000,000
Article ____ Not to Prevent Events of Defaults. The failure to make a payment on account of principal or interest by reason of any provision in this Article shall not be construed as preventing the occurrence of an Event of Default under Section .
