Cinergy Corp and the Executive agree that Cinergy Services, Inc. will be authorized to act for Cinergy Corp. with respect to all aspects pertaining to the administration and interpretation of this Waiver and Release. PLEASE READ CAREFULLY. WITH RESPECT TO THE EXECUTIVE, THIS WAIVER AND RELEASE INCLUDES A COMPLETE RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
Cinergy Corp hereby grants to the Optionee effective on the Date of Grant an Option to purchase shares of Common Stock, pursuant to the Plan, on the terms and conditions set forth in this Agreement. The number of shares of Common Stock subject to this Option, and the Option Price described below in Section 2, are subject to adjustment as provided in the Plan. The Option is intended to be a non-qualified stock option and shall not be treated as an “incentive stock option” within the meaning of that term under Section 422 of the Internal Revenue Code of 1986, as amended.
Cinergy Corp is party to an Agreement and Plan of Merger by and among Duke Energy Corporation, Cinergy Corp., Deer Holding Corp., Deer Acquisition Corp. and Cougar Acquisition Corp., dated as of May 8, 2005 (as amended, the “Merger Agreement”).
Cinergy Corp. Union Employees’ Pension Plan
Cinergy Corp. The undersigned hereby irrevocably elects to exercise _________Rights represented by this Rights Certificate to purchase the shares of Common Stock issuable upon the exercise of the Rights (or such other securities of the Company or of any other person which may be issuable upon the exercise of the Rights) and requests that certificates for such shares be issued in the name of: (Please print name and address) Please insert social security or other identifying number: If such number of Rights shall not be all the Rights evidenced by this Rights Certificate, a new Rights Certificate for the balance of such Rights shall be registered in the name of and delivered to: (Please print name and address) Please insert social security or other identifying number: Dated: _____________, 20___ Signature Signature Guaranteed: Certificate The undersigned hereby certifies by checking the appropriate boxes that:
Cinergy Corp hereby grants to the Employee as of the Date of Grant ______ shares of Restricted Stock (the “Restricted Stock”) subject to and upon the terms, conditions and restrictions set forth in this Agreement and the Plan. The Restricted Stock shall be fully paid and nonassessable.
Cinergy Corp hereby grants to the Employee effective as of the Date of Grant, the right, contingent upon the attainment of certain corporate performance measures during performance cycle commencing on January 1, and ending on December 31, (the “Performance Cycle”), to receive shares of Common Stock on the terms and conditions set forth in this Agreement. For the Performance Cycle, the Employee’s contingent target award is shares of Common Stock (the “Target Award”). The number of shares of Common Stock covered by the Target Award is subject to adjustment, including reductions in the event of a demotion or change to a lower level position, as provided in the Plan and in such procedures or guidelines that may from time to time be adopted by the Committee (as defined in the Plan), including the Administrative Guidelines adopted on (the “Administrative Guidelines”).
Cinergy Corp. Union Employees’ Retirement Income Plan
Cinergy Corp. Non-Union Employees’ 401(k) Plan
Cinergy Corp. Supplemental Executive Retirement Plan
