Item 6. Exhibits

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Item 6. Exhibits

CMS Energy’s and Consumers’ Exhibit Index

The agreements included as exhibits to this Form 10‑Q filing are included solely to provide information regarding the terms of the agreements and are not intended to provide any other factual or disclosure information about CMS Energy, Consumers, or other parties to the agreements. The agreements may contain representations and warranties made by each of the parties to each of the agreements that were made exclusively for the benefit of the parties involved in each of the agreements and should not be treated as statements of fact. The representations and warranties were made as a way to allocate risk if one or more of those statements prove to be incorrect. The statements were qualified by disclosures of the parties to each of the agreements that may not be reflected in each of the agreements. The agreements may apply standards of materiality that are different than standards applied to other investors. Additionally, the statements were made as of the date of the agreements or as specified in the agreements and have not been updated. The representations and warranties may not describe the actual state of affairs of the parties to each agreement.

Additional information about CMS Energy and Consumers may be found in this filing, at www.cmsenergy.com, at www.consumersenergy.com, and through the SEC’s website at www.sec.gov.

ExhibitsDescription
4.11—Indenture dated as of May 5, 2023 between CMS Energy and The Bank of New York Mellon, as Trustee (Exhibit 4.1 to Form 8-K filed May 5, 2023 and incorporated herein by reference)
4.2—149th Supplemental Indenture dated as of May 30, 2023 between Consumers and The Bank of New York Mellon, as Trustee (Exhibit 4.1 to Form 8-K filed May 30, 2023 and incorporated herein by reference)
10.12—Defined Contribution Supplemental Executive Retirement Plan, as amended and restated, effective July 1, 2023
10.22—Form of Officer Separation Agreement as of July 2023
10.32—Form of Change in Control Agreement as of July 2023
10.4—Amendment No. 1 dated as of May 31, 2023 to the Purchase and Sale Agreement, dated June 21, 2021 by and among Consumers and New Covert Generating Company, LLC
31.1—CMS Energy’s certification of the CEO pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.2—CMS Energy’s certification of the CFO pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.3—Consumers’ certification of the CEO pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.4—Consumers’ certification of the CFO pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
32.1—CMS Energy’s certifications pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
32.2—Consumers’ certifications pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
ExhibitsDescription
101.INS—Inline XBRL Instance Document
101.SCH—Inline XBRL Taxonomy Extension Schema
101.CAL—Inline XBRL Taxonomy Extension Calculation Linkbase
101.DEF—Inline XBRL Taxonomy Extension Definition Linkbase
101.LAB—Inline XBRL Taxonomy Extension Labels Linkbase
101.PRE—Inline XBRL Taxonomy Extension Presentation Linkbase
104—Cover Page Interactive Data File (the cover page XBRL tags are embedded in the Inline XBRL document)

1 Obligations of CMS Energy or its subsidiaries, but not of Consumers.

2 Management contract or compensatory plan or arrangement.

Signatures

Pursuant to the requirements of the Securities Exchange Act of 1934, each registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. The signature for each undersigned company shall be deemed to relate only to matters having reference to such company or its subsidiary.

CMS ENERGY CORPORATION
Dated: July 27, 2023By:/s/ Rejji P. Hayes
Rejji P. Hayes
Executive Vice President and Chief Financial Officer
CONSUMERS ENERGY COMPANY
Dated: July 27, 2023By:/s/ Rejji P. Hayes
Rejji P. Hayes
Executive Vice President and Chief Financial Officer

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