CMS Energy Corporation $250 Million At-the-Market Offering


Davis Polk advised the forward purchasers and forward sellers in connection with an at-the-market forward underwriting program for the offer and sale of shares of common stock of CMS Energy Corporation from time to time having an aggregate offering price of up to $250 million.

BofA Merrill Lynch, Deutsche Bank Securities and Morgan Stanley acted as forward purchasers and forward sellers on the offering.

CMS Energy Corporation is an energy company operating primarily in Michigan. It is the parent holding company of several subsidiaries, including Consumers Energy, an electric and gas utility, and CMS Enterprises, primarily a domestic independent power producer.

The Davis Polk equity derivatives team included partner Mark J. DiFiore (Picture) and associate Jeffrey H. Smith. The Davis Polk tax team included partner Lucy W. Farr and associate K. Daniel Berman.

Involved fees earner: Mark DiFiore – Davis Polk & Wardwell; Jeffrey Smith – Davis Polk & Wardwell; Lucy Farr – Davis Polk & Wardwell; K. Daniel Berman – Davis Polk & Wardwell;

Law Firms: Davis Polk & Wardwell;

Clients: Bank of America Merrill Lynch; Deutsche Bank Securities; Morgan Stanley;

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Author: Ambrogio Visconti