CMS 10-K Annual Report Dec. 31, 2017 | Alphaminr
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CMS 10-K Fiscal year ended Dec. 31, 2017

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CMS ENERGY CORP
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TABLE OF CONTENTS
Part IItem 1. BusinessItem 1A. Risk FactorsItem 1B. Unresolved Staff CommentsItem 2. PropertiesItem 3. Legal ProceedingsItem 4. Mine Safety DisclosuresPart IIItem 5. Market For Registrant S Common Equity, Related Stockholder Matters and Issuer Purchases Of Equity SecuritiesItem 6. Selected Financial DataItem 7. Management S Discussion and Analysis Of Financial Condition and Results Of OperationsItem 7A. Quantitative and Qualitative Disclosures About Market RiskItem 8. Financial Statements and Supplementary DataNote 8, Notes ReceivableNote 9, Plant, Property, and EquipmentNote 11, Asset Retirement ObligationsNote 12, Retirement BenefitsNote 14, Income TaxesNote 17, Cash and Cash EquivalentsItem 9. Changes in and Disagreements with Accountants on Accounting and Financial DisclosureItem 9A. Controls and ProceduresItem 9B. Other InformationPart IIIItem 10. Directors, Executive Officers and Corporate GovernanceItem 11. Executive CompensationItem 12. Security Ownership Of Certain Beneficial Owners and Management and Related Stockholder MattersItem 13. Certain Relationships and Related Transactions, and Director IndependenceItem 14. Principal Accountant Fees and ServicesPart IVItem 15. Exhibits and Financial Statement SchedulesItem 16. Form 10-k Summary

Exhibits

3.11 1-9513 (3)(a) Restated Articles of Incorporation of CMSEnergy, effective June1,2004, as amended May22,2009 (Form10-Q for the quarterly period ended June30,2009) 3.21 1-9513 3.2 CMSEnergy Bylaws, amended and restated effective February8,2016 (Form8-K filed February8,2016) 3.4 1-5611 3.2 Consumers Bylaws, amended and restated as of January24,2013 (Form8-K filed January29,2013) 4.1.a 1-5611 4.2 100thdated as of 3/24/05 (Form8-K filed March30,2005) 4.1.b 1-5611 4.2 104thdated as of 8/11/05 (Form8-K filed August11,2005) 4.1.c 1-5611 4.1 108thdated as of 3/14/08 (Form8-K filed March14,2008) 4.1.d 1-5611 4.1 110thdated as of 9/12/08 (Form8-K filed September12,2008) 4.1.e 1-5611 4.1 111thdated as of 3/6/09 (Form8-K filed March6,2009) 4.1.f 1-5611 4.1 112thdated as of 9/1/10 (Form8-K filed September7,2010) 4.1.g 1-5611 4.1 113thdated as of 10/15/10 (Form8-K filed October20,2010) 4.1.h 1-5611 4.1 114thdated as of 3/31/11 (Form8-K filed April6,2011) 4.1.i 1-5611 4.1 116thdated as of 9/1/11 (Form10-Q for the quarterly period ended September30,2011) 4.1.j 1-5611 4.1 117thdated as of 5/8/12 (Form8-K filed May8,2012) 4.1.k 1-5611 4.1 119thdated as of 8/3/12 (Form10-Q for the quarterly period ended September30,2012) 4.1.l 1-5611 4.1 120thdated as of 12/17/12 (Form8-K filed December20,2012) 4.1.m 1-5611 4.1 121stdated as of 5/17/13 (Form8-K filed May17,2013) 4.1.n 1-5611 4.1 122nddated as of 8/9/13 (Form8-K filed August9,2013) 4.1.o 1-5611 4.1 123rddated as of 12/20/13 (Form8-K filed December27,2013) 4.1.p 1-5611 4.1 124thdated as of 8/18/2014 (Form8-K filed August18,2014) 4.1.q 1-5611 4.1 125thdated as of 11/6/2015 (Form8-K filed November6,2015) 4.1.r 1-5611 4.1 126thdated as of 11/23/2015 (Form8-K filed November25,2015) 4.1.s 1-5611 4.1 127thdated as of 8/10/16 (Form8-K filed August10,2016) 4.1.t 1-5611 4.1 128thdated as of 2/22/17 (Form8-K filed February22,2017) 4.1.u 1-5611 4.1 129thdated as of 9/28/17 (Form8-K filed September28,2017) 4.1.v 1-5611 4.1 130thdated as of 11/15/17 (Form8-K filed November15,2017) 4.2 1-5611 (4)(b) Indenture dated as of January1,1996 between Consumers and The Bank of New York Mellon, as Trustee (Form10-K for the fiscal year ended December31,1995) 4.3 1-5611 (4)(c) Indenture dated as of February1,1998 between Consumers and The Bank of New York Mellon (formerly The Chase Manhattan Bank), as Trustee (Form10-K for the fiscal year ended December31,1997) 4.4.a1 1-9513 4.3 23rddated as of 6/15/09 (Form8-K filed June15,2009) 4.4.b1 1-9513 4.1 24thdated as of 1/14/10 (Form8-K filed January14,2010) 4.4.c1 1-9513 4.1 28thdated as of 3/12/12 (Form8-K filed March12,2012) 4.4.d1 1-9513 4.1 29thdated as of 3/22/13 (Form8-K filed March22,2013) 4.4.e1 1-9513 4.1 30thdated as of 2/27/14 (Form8-K filed February27,2014) 4.4.f1 1-9513 4.2 31stdated as of 2/27/14 (Form8-K filed February27,2014) 4.4.g1 1-9513 4.1 32nddated as of 11/9/15 (Form8-K filed November9,2015) 4.4.h1 1-9513 4.1 33rddated as of 5/5/16 (Form8-K filed May5,2016) 4.4.i1 1-9513 4.1 34thdated as of 11/3/16 (Form8-K filed November3,2016) 4.4.j1 1-9513 4.1 35thdated as of 2/13/17 (Form8-K filed February13,2017) 4.51 1-9513 (4a) Indenture dated as of June1,1997 between CMSEnergy and TheBank of NewYorkMellon, as Trustee (Form8-K filed July1,1997) 10.12 1-9513 (10)(g) 2004 Formof Executive Severance Agreement (Form10-Q for the quarterly period ended September30,2009) 10.22 1-9513 10.3 CMSEnergys Performance Incentive Stock Plan as amended and restated, effective March7,2017 (Form10-Q for the quarterly period ended March31,2017) 10.32 1-9513 10.2 CMSEnergys Deferred Salary Savings Plan, as amended and restated, effective January1,2017 (Form10-Q for the quarterly period ended March31,2017) 10.42 1-9513 10.5 CMSEnergy and Consumers Directors Deferred Compensation Plan, effective as of November30,2007 (Form10-K for the fiscal year ended December31,2014) 10.52 1-9513 10.6 Supplemental Executive Retirement Plan for Employees of CMSEnergy/Consumerseffective on January1,1982 and as amended effective April1,2011 (Form10-Q for the quarterly period ended March31,2011) 10.62 1-9513 10.7.a Defined Contribution Supplemental Executive Retirement Plan, as amended and restated, effective January1,2016 (Form10-K for the fiscal year ended December31,2015) 10.72 1-9513 10.8 Formof Officer Separation Agreement as of January2017 (Form10-K for the fiscal year ended December31,2016) 10.91,2 1-9513 (10)(a) Formof Indemnification Agreement between CMSEnergy and its Directors, effective as of November1,2007 (Form10-Q for the quarterly period ended September30,2007) 10.102 1-5611 (10)(b) Formof Indemnification Agreement between Consumers and its Directors, effective as of November1,2007 (Form10-Q for the quarterly period ended September30,2007) 10.112 1-9513 10.2 CMSIncentive Compensation Plan for CMSEnergy and Consumers Officers as amended, effective as of March14,2014 (Form10-Q for the quarterly period ended March31,2014) 10.11.a2 1-9513 10.17.a Amendment to CMSIncentive Compensation Plan for CMSEnergy and Consumers Officers effective December17,2015 (Form10-K for the fiscal year ended December31,2015) 10.122 1-9513 10.1 2016 Formof Change in Control Agreement (Form8-K filed June23,2016) 10.132 1-5611 10.2 Annual Employee Incentive Compensation Plan for Consumers as amended effective as of August4,2017 (Form10-Q for the quarterly period ended September30,2017) 10.141 1-9513 10.1 $550million Third Amended and Restated Revolving Credit Agreement dated as of May27,2015 among CMSEnergy, the Banks, as defined therein, and Barclays, as Agent (Form8-K filed June1,2015) 10.14.a1 1-9513 10.1 Description of the $550million Third Amended and Restated Revolving Credit Agreement Extension (Form8-K filed June1,2016) 10.14.b1 1-9513 10.1 Description of the $550million Third Amended and Restated Revolving Credit Agreement Extension (Form8-K filed June1,2017) 10.15 1-5611 10.2 $650million Fourth Amended and Restated Revolving Credit Agreement dated as of May27,2015 among Consumers, the Banks, as defined therein, and JPMorgan, as Agent (Form8-K filed June1,2015) 10.15.a 1-5611 10.2 Description of the $650million Fourth Amended and Restated Revolving Credit Agreement Extension (Form8-K filed June1,2016) 10.15.b 1-5611 10.2 Description of the $650million Fourth Amended and Restated Revolving Credit Agreement Extension (Form8-K filed June1,2017) 10.161 1-9513 10.3 Pledge and Security Agreement dated as of March31,2011, made by CMSEnergy to Barclays BankPLC, as Administrative Agent for the Banks, as defined therein (Form8-K filed April6,2011) 10.17 1-5611 10.1 $250million secured Revolving Credit Agreement dated as of November23,2015 between Consumers and The Bank of Nova Scotia (Form8-K filed November25,2015) 10.17.a 1-5611 10.1 Description of the $250million Secured Revolving Credit Agreement Extension (Form8-K filed November23,2016) 10.17.b 1-5611 10.1 Description of the Second Extension to the $250million secured Revolving Credit Agreement (Form8-K filed November27,2017) 10.182 1-9513 10.1 Consumers and other CMSEnergy Companies Retired Executives Survivor Benefit Plan for Management/ Executive Employees, distributed July1,2011 (Form10-Q for the quarterly period ended September30,2011) 10.191 1-9513 10.1 $180,000,000 Term Loan Credit Agreement dated as of June11,2015 among CMSEnergy, the financial institutions named therein, and JPMorgan Chase Bank, N.A., as Agent (Form8-K filed June16,2015) 10.19.a1 1-9513 10.3 Description of the $180,000,000 Term Loan Credit Agreement Extension (Form10-Q for the quarterly period ended March31,2016) 10.19.b1 1-9513 10.4 Description of the second $180,000,000 Term Loan Credit Agreement Extension (Form10-Q for the quarterly period ended March31,2017) 10.20 1-5611 10.1 Formof Commercial Paper Dealer Agreement between Consumers, as Issuer, and the Dealer party thereto (Form10-Q for the quarterly period ended September30,2014) 10.21 1-5611 10.1 Bond Purchase Agreement between Consumers Energy and each of the Purchasers named therein (Form8-K filed August29,2017) 10.221 1-9513 10.1 $225,000,000 Term Loan Credit Agreement dated as of December 21, 2017 among CMS Energy, the financial institutions named therein, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as Agent (Form 8-K filed December 22, 2017) 99.11 333-221134 99.1 CMSEnergy Stock Purchase Plan, as amended and restated October26,2017 (FormS-3ASR filed October26,2017)