CONSUMERS ENERGY COMPANY Floating Rate First Mortgage Bonds due 2070 Underwriting AgreementConsumers Energy Co • May 20th, 2020 • Electric & other services combined • New York
Consumers Energy Company, a Michigan corporation (the “Company”), proposes to issue and sell to the several Underwriters (as defined in Section 12 hereof) an aggregate of $134,349,000 in principal amount of its Floating Rate First Mortgage Bonds due 2070 (the “Securities”), subject to the terms and conditions set forth herein. The Underwriters have designated the Representatives (as defined in Section 12 hereof) to execute this Agreement on their behalf and to act for them in the manner provided in this Agreement. The Securities are to be issued pursuant to the provisions of the Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by the 141st Supplemental Indenture, to be dated as of May 20, 2020 (the “Supplemental Indenture”), establishing the terms of the Securities (as so
ONE HUNDRED FORTY-FIRST SUPPLEMENTAL INDENTURE Providing among other things for FIRST MORTGAGE BONDS,Consumers Energy Co • May 20th, 2020 • Electric & other services combined • Michigan
All the gas transmission lines of the Company, constructed or otherwise acquired by it and not heretofore described in the Indenture or any supplement thereto and not heretofore released from the lien of the Indenture, including gas mains, pipes, pipelines, gates, valves, meters and other appliances and equipment, and all other property, real or personal, forming a part of or appertaining to or used, occupied or enjoyed in connection with such transmission lines or any of them or adjacent thereto; together with all real property, right of way, easements, permits, privileges, franchises and rights for or relating to the construction, maintenance or operation thereof, through, over, under or upon any private property or any public streets or highways, within as well as without the corporate limits of any municipal corporation.
