DTE Energy 2013 Annual Report Download - page 131

state of New York or the state of Michigan are required or authorized by law or executive order to be closed.
SECTION 102. Section References. Each reference to a particular section set forth in this Supplemental Indenture shall,
unless the context otherwise requires, refer to this Supplemental Indenture.
ARTICLE 2
TITLE AND TERMS OF THE SECURITIES
SECTION 201. Title of the Securities; Stated Maturity. This Supplemental Indenture hereby establishes a series of
Securities, which shall be known as the Company's “2013 Series F 3.85% Senior Notes due 2023” (the “Notes”). The Stated Maturity
on which the principal of the Notes shall be due and payable will be December 1, 2023.
SECTION 202. Rank. The Notes shall rank equally with all other unsecured and unsubordinated indebtedness of the
Company from time to time outstanding.
SECTION 203. Variations from the Original Indenture. Section 1009 of the Original Indenture shall be applicable to the
Notes. Section 403(2) and Section 403(3) shall be applicable to the Notes; the Company's obligations under Section 1009, without
limitation, shall be subject to defeasance in accordance with Section 403(3).
SECTION 204. Amount and Denominations; DTC. (a) The aggregate principal amount of the Notes that may be issued under
this Supplemental Indenture is limited initially to $300,000,000 (except as provided in Section 301(2) of the Original Indenture);
provided that the Company may, without the consent of the Holders of the Outstanding Notes, “reopen” the Notes so as to increase the
aggregate principal amount of the Notes Outstanding in compliance with the procedures set forth in the Original Indenture, including
Section 301 and Section 303 thereof, so long as any such additional Notes have the same tenor and terms (including, without limitation,
rights to receive accrued and unpaid interest) as the Notes then Outstanding. No additional Notes may be issued if an Event of Default
has occurred. The Notes shall be issuable only in fully registered form and, as permitted by Section 301 and Section 302 of the Original
Indenture, in denominations of $1,000 and integral multiples thereof. The Notes will initially be issued in global form (the “Global
Notes”) under a book-entry system, registered in the name of The Depository Trust Company, as depository (“DTC”), or its nominee,
which is hereby designated as “Depositary” under the Indenture.
(b) Further to Section 305 of the Original Indenture, any Global Note shall be exchangeable for Notes registered in the name
of, and a transfer of a Global Note may be registered to, any Person other than the Depositary for such Note or its nominee only if (i)
such Depositary notifies the Company that it is unwilling or unable to continue as Depositary for such Global Note or if at any time such
Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either such case, the Company does not appoint a
successor Depositary within 90 days thereafter, (ii) the Company executes and delivers to the Trustee a Company Order that such
Global
2