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| CMS > SEC Filings for CMS > Form 8-K on 9-Oct-2008 | All Recent SEC Filings |
9-Oct-2008
Regulation FD Disclosure, Creation of a Direct Financial Obligation or an Obligat
CMS Energy Corporation's ("CMS Energy") management team will provide a business
and financial outlook for the company at an investor meeting on Thursday,
October 9, 2008. A copy of the CMS Energy Slide Presentation is furnished as
Exhibit 99.1 to this report. Please note, Slide 15 reflects the liquidity
positions of CMS Energy and Consumers Energy Company ("Consumers Energy").
In accordance with General Instruction B.2 of Form 8-K, the information in this
Current Report on Form 8-K, Item 7.01, including Exhibit 99.1, shall not be
deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of
1934, as amended, or otherwise subject to the liabilities of that section, nor
shall it be deemed incorporated by reference in any filing under the Securities
Act of 1933, as amended, except as shall be expressly set forth in such a
filing.
Item 9.01
(d) Exhibits.
99.1 Slide Presentation of CMS Energy dated October 9, 2007.
As of October 7, 2008, CMS Energy has recently either drawn or sent notice to
draw in the aggregate $420 million in principal amount under its existing
$550 million secured revolving credit facility (the "Revolving Facility"), so
that CMS Energy would have cash on hand if investors tendered their convertible
securities and other general corporate purposes. At this time, Consumers Energy,
CMS Energy's principal subsidiary, does not plan to make any draws on its
revolving credit facility. For additional information about the Revolving
Facility, including a description of maturity, interest rates, guarantees,
collateral, and covenants, see the Revolving Facility, filed as Exhibit 10.2 to
Form 8-K filed with the SEC on April 3, 2007 and incorporated by reference
herein. See also, the Assumption and Acceptance filed as Exhibit 10.1 to Form
8-K filed on January 11, 2008 and incorporated herein by reference.
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 and Consumers Energy's Form 10-K each for the Year Ended December 31,
2007 and as updated in CMS Energy's and Consumers Energy's Forms 10-Q for the
Quarters Ended March 31, 2008 and June 30, 2008. CMS Energy's and Consumers
Energy's "FORWARD-LOOKING STATEMENTS AND INFORMATION"
and "RISK FACTORS" sections are incorporated herein by reference and discuss important factors that could cause CMS Energy's and Consumers Energy's results to differ materially from those anticipated in such statements.
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