STOCK TITAN

CMS Energy (NYSE: CMS) sets up $3B at-the-market and forward equity program

Filing Impact
(Moderate)
Filing Sentiment
(Neutral)
Form Type
8-K

Rhea-AI Filing Summary

CMS Energy Corporation is starting an equity offering program that allows sales of up to $3,000,000,000 of its common stock from time to time. The program is established under an equity distribution agreement with multiple banks acting as agents, forward purchasers and forward sellers.

Shares may be sold in ordinary brokerage trades, block trades, privately negotiated deals or transactions deemed “at the market offerings” under Rule 415. CMS Energy may also use forward sale transactions, where it initially receives no proceeds from borrowed share sales and later chooses physical, cash or net share settlement, and can suspend or terminate the program at any time.

Positive

  • None.

Negative

  • None.
Item 8.01 Other Events Other
Voluntary disclosure of events the company deems important to shareholders but not covered by other items.
Item 9.01 Financial Statements and Exhibits Exhibits
Financial statements, pro forma financial information, and exhibit attachments filed with this report.
Equity offering program size $3,000,000,000 aggregate sales price Maximum common stock sales under equity offering program
Junior Subordinated Notes coupon 5.625% CMS Energy Junior Subordinated Notes due 2078 listed security
Junior Subordinated Notes coupon 5.875% CMS Energy Junior Subordinated Notes due 2078 listed security
Junior Subordinated Notes coupon 5.875% CMS Energy Junior Subordinated Notes due 2079 listed security
Preferred Stock dividend rate 4.200% Cumulative Redeemable Perpetual Preferred Stock, Series C
equity offering program financial
"In connection with the commencement of an equity offering program under which shares..."
An equity offering program is a pre-authorized plan that lets a company sell new shares to raise money over time rather than all at once. Think of it as a reusable fundraising tap: management can draw capital when needed, which helps pay for growth or shore up finances but can reduce each existing shareholder’s slice of ownership and may put downward pressure on the share price if many shares are sold.
at the market offerings financial
"transactions that are deemed to be “at the market offerings” as defined in Rule 415..."
At-the-market offerings are a way for a company to raise cash by selling newly issued shares directly into the open market at the current trading price through a broker, rather than in a single large sale. Think of it like topping up a gas tank a little at a time at whatever the pump price is; it gives the company flexibility to raise money when conditions are favorable but can increase the number of shares outstanding and dilute existing investors, and frequent or large sales can put downward pressure on the stock price.
forward sale transaction financial
"In connection with each particular forward sale transaction, the relevant Forward Purchaser..."
automatic shelf registration statement regulatory
"CMS Energy’s automatic shelf registration statement on Form S-3 (File No. 333-293382)..."
An automatic shelf registration statement is a pre-approved filing that companies submit to securities regulators, allowing them to sell new shares or bonds quickly and efficiently when needed. It acts like a standing permit, enabling the company to raise money without going through a lengthy approval process each time, which can be helpful for responding promptly to market opportunities or needs. For investors, it provides transparency about the company's ability to raise funds and signals planning flexibility.
prospectus supplement regulatory
"a prospectus supplement dated May 13, 2026 (the “Prospectus Supplement”)."
A prospectus supplement is an additional document provided alongside a company's main offering details, offering updated or extra information about a specific financial product being sold. It helps investors understand the latest terms, risks, and details of the investment, similar to how an update or revision clarifies or expands on original instructions, ensuring they have current and complete information before making a decision.
false 0000811156 0000811156 2026-05-13 2026-05-13 0000811156 us-gaap:CommonStockMember 2026-05-13 2026-05-13 0000811156 cms:A5.625JuniorSubordinatedNotesDue2078Member 2026-05-13 2026-05-13 0000811156 cms:A5.875JuniorSubordinatedNotesDue2078Member 2026-05-13 2026-05-13 0000811156 cms:A5.875JuniorSubordinatedNotesDue2079Member 2026-05-13 2026-05-13 0000811156 cms:CMSEnergyCorporationDepositaryShareseachrepresentinga11000thinterestinashareof4200percentCumulativeRedeemablePerpetualPreferredStockSeriesCMember 2026-05-13 2026-05-13 iso4217:USD xbrli:shares iso4217:USD xbrli:shares

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF

THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported) May 13, 2026

 

Commission   Registrant; State of Incorporation;   IRS Employer
File Number   Address; and Telephone Number   Identification No.
         
1-9513  

CMS ENERGY CORPORATION

(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550

  38-2726431

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

Title of each class   Trading Symbol(s)   Name of each exchange on which registered
CMS Energy Corporation Common Stock, $.01 par value   CMS   New York Stock Exchange
CMS Energy Corporation 5.625% Junior Subordinated Notes due 2078   CMSA   New York Stock Exchange
CMS Energy Corporation 5.875% Junior Subordinated Notes due 2078   CMSC   New York Stock Exchange
CMS Energy Corporation 5.875% Junior Subordinated Notes due 2079   CMSD   New York Stock Exchange
CMS Energy Corporation, Depositary Shares, each representing a 1/1,000th interest in a share of 4.200% Cumulative Redeemable Perpetual Preferred Stock, Series C   CMS PRC   New York Stock Exchange

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).  Emerging growth company:   ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.   ¨ 

 

 

 

 

 

 

Item 8.01. Other Events.

 

In connection with the commencement of an equity offering program under which shares (the “Shares”) of the common stock of CMS Energy Corporation (“CMS Energy”) having an aggregate sales price of up to $3,000,000,000 may be offered and sold from time to time (the “Offering”), CMS Energy filed today with the Securities and Exchange Commission (the “SEC”) a prospectus supplement dated May 13, 2026 (the “Prospectus Supplement”). The Shares may be offered and sold in amounts and at times to be determined by CMS Energy from time to time, but CMS Energy has no obligation to offer and sell any of the Shares in the Offering. Actual sales will depend on a variety of factors to be determined by CMS Energy from time to time, including (among others) market conditions, the trading price of CMS Energy’s common stock and determinations by CMS Energy of the appropriate sources of funding for CMS Energy.

 

The Offering will occur pursuant to an equity distribution agreement (“Agreement”) entered into among (A) CMS Energy, (B) Barclays Bank PLC, BNP PARIBAS, Bank of America, N.A., Citibank, N.A., Goldman Sachs & Co. LLC, Jefferies LLC, JPMorgan Chase Bank, National Association, KeyBanc Capital Markets Inc., Mizuho Markets Americas LLC, Morgan Stanley & Co. LLC, MUFG Securities EMEA plc, Nomura Global Financial Products, Inc., Royal Bank of Canada, The Bank of Nova Scotia, Truist Bank and Wells Fargo Bank, National Association, each in its capacity as forward purchaser under any forward sale agreement (each, a “Forward Purchaser” and, together, the “Forward Purchasers”), (C) Barclays Capital Inc., BNP Paribas Securities Corp., BofA Securities, Inc., BTIG, LLC, Citigroup Global Markets Inc., Goldman Sachs & Co. LLC, Jefferies LLC, J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Mizuho Securities USA LLC, Morgan Stanley & Co. LLC, MUFG Securities Americas Inc., RBC Capital Markets, LLC, Scotia Capital (USA) Inc., Truist Securities, Inc. and Wells Fargo Securities, LLC, each in its capacity as agent for CMS Energy and/or principal in connection with the offering and sale of any Issuance Shares (as defined therein) thereunder (each, an “Agent” and, together, the “Agents”), and (D) Barclays Capital Inc., BNP Paribas Securities Corp., BofA Securities, Inc., Citigroup Global Markets Inc., Goldman Sachs & Co. LLC, Jefferies LLC, J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Mizuho Securities USA LLC, Morgan Stanley & Co. LLC, MUFG Securities Americas Inc., Nomura Securities International, Inc. (acting through BTIG, LLC as agent), RBC Capital Markets, LLC, Scotia Capital (USA) Inc., Truist Securities, Inc. and Wells Fargo Securities, LLC, each in its capacity as agent for its respective Forward Purchaser in connection with the offering and sale of any Forward Hedge Shares (as defined therein) thereunder (each, a “Forward Seller” and, together, the “Forward Sellers”). The Agents and the Forward Sellers will be entitled to compensation as provided under the terms of the Agreement.

 

In connection with each particular forward sale transaction, the relevant Forward Purchaser or its affiliate will, at CMS Energy’s request, borrow from third parties and, through the relevant Forward Seller, sell a number of the Shares equal to the number of Shares underlying the particular forward sale transaction.

 

 

 

 

CMS Energy will not initially receive any proceeds from the sale of borrowed shares by a Forward Seller. CMS Energy expects to physically settle each particular forward sale transaction with the relevant Forward Purchaser on one or more dates specified by CMS Energy on or prior to the maturity date of that particular forward sale agreement, in which case CMS Energy expects to receive per share cash proceeds at settlement equal to the forward sale price under the relevant forward sale agreement. However, CMS Energy may elect to cash settle or net share settle a particular forward sale transaction, in which case CMS Energy may not receive any proceeds (in the case of cash settlement) or will not receive any proceeds (in the case of net share settlement), and CMS Energy may owe cash (in the case of cash settlement) or shares (in the case of net share settlement) to the relevant Forward Purchaser.

 

Sales of the Shares, if any, under the Agreement may be made in privately negotiated transactions or transactions that are deemed to be “at the market offerings” as defined in Rule 415 under the Securities Act of 1933, as amended, including by ordinary brokers’ transactions through the facilities of the New York Stock Exchange, to or through a market maker or directly on or through an electronic communications network, at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices, in block transactions, through forward purchases/sales, in any manner permitted by applicable law, or as otherwise agreed with the Agents or the Forward Purchasers and the Forward Sellers and described in the Prospectus Supplement. CMS Energy may at any time suspend solicitation and offers under the Agreement or terminate the Agreement.

 

The Shares will be offered pursuant to the Prospectus Supplement and CMS Energy’s automatic shelf registration statement on Form S-3 (File No. 333-293382) filed on February 11, 2026, with the SEC (the “Registration Statement”). This Current Report shall not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of these securities in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.

 

The foregoing description of the Agreement does not purport to be complete and is qualified in its entirety by the provisions of the Agreement which is attached hereto as Exhibit 1.1 and incorporated by reference herein.

 

This Current Report on Form 8-K is being filed to file certain documents in connection with the Offering as exhibits to the Registration Statement.

 

 

 

 

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit Index

 

1.1Equity Distribution Agreement dated May 13, 2026 by and among (A) CMS Energy, (B) Barclays Bank PLC, BNP PARIBAS, Bank of America, N.A., Citibank, N.A., Goldman Sachs & Co. LLC, Jefferies LLC, JPMorgan Chase Bank, National Association, KeyBanc Capital Markets Inc., Mizuho Markets Americas LLC, Morgan Stanley & Co. LLC, MUFG Securities EMEA plc, Nomura Global Financial Products, Inc., Royal Bank of Canada, The Bank of Nova Scotia, Truist Bank and Wells Fargo Bank, National Association, (C) Barclays Capital Inc., BNP Paribas Securities Corp., BofA Securities, Inc., BTIG, LLC, Citigroup Global Markets Inc., Goldman Sachs & Co. LLC, Jefferies LLC, J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Mizuho Securities USA LLC, Morgan Stanley & Co. LLC, MUFG Securities Americas Inc., RBC Capital Markets, LLC, Scotia Capital (USA) Inc., Truist Securities, Inc. and Wells Fargo Securities, LLC, and (D) Barclays Capital Inc., BNP Paribas Securities Corp., BofA Securities, Inc., Citigroup Global Markets Inc., Goldman Sachs & Co. LLC, Jefferies LLC, J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Mizuho Securities USA LLC, Morgan Stanley & Co. LLC, MUFG Securities Americas Inc., Nomura Securities International, Inc. (acting through BTIG, LLC as agent), RBC Capital Markets, LLC, Scotia Capital (USA) Inc., Truist Securities, Inc. and Wells Fargo Securities, LLC.

 

5.1Opinion of Melissa M. Gleespen, Esq., Vice President, Chief Compliance Officer and Corporate Secretary of CMS Energy, dated May 13, 2026, regarding the legality of the Shares.

 

23.1Consent of Melissa M. Gleespen, Esq. (included in Exhibit 5.1).

 

104Cover Page Interactive Data File (the cover page XBRL tags are embedded in the Inline XBRL document).

 

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

  CMS ENERGY CORPORATION
   
Dated: May 13, 2026 By: /s/ Rejji P. Hayes
    Rejji P. Hayes
    Executive Vice President and
    Chief Financial Officer

 

 

 

 

FAQ

What did CMS (CMS) announce in this Form 8-K filing?

CMS Energy announced an equity offering program allowing it to sell common stock from time to time. The program is documented in a prospectus supplement and an equity distribution agreement with multiple financial institutions acting as agents, forward purchasers and forward sellers.

How large is CMS (CMS) equity offering program described in the filing?

The equity offering program covers up to an aggregate sales price of $3,000,000,000 of CMS Energy common stock. Shares may be issued or delivered over time, depending on market conditions and CMS Energy’s funding decisions, rather than all at once.

How can CMS (CMS) shares be sold under the new equity program?

Shares may be sold in ordinary brokers’ transactions, block trades, privately negotiated deals or transactions deemed “at the market offerings” under Rule 415. Sales can occur on the New York Stock Exchange, through market makers, electronic networks or other methods permitted by law.

What role do forward sale transactions play in CMS (CMS) program?

Forward sale transactions allow a forward purchaser or affiliate to borrow and sell CMS shares through a forward seller. CMS initially receives no proceeds, then later can physically settle to receive cash, or elect cash or net share settlement, which may result in reduced or no proceeds and potential obligations.

Under what registration does CMS (CMS) offer these shares?

The shares are offered under an automatic shelf registration statement on Form S-3 (File No. 333-293382) and a prospectus supplement dated May 13, 2026. These documents provide the legal framework and detailed terms for the equity offering program.

Can CMS (CMS) stop using the equity offering program once started?

CMS Energy may suspend solicitations and offers under the equity distribution agreement or terminate the agreement at any time. This flexibility means the company is not obligated to sell any specific amount of shares, even though the program authorizes up to $3,000,000,000 in sales.

Filing Exhibits & Attachments

6 documents