RECITALSEmployment Agreement • February 28th, 2002 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
EXECUTION LOAN AGREEMENTLoan Agreement • November 19th, 2004 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
EXHIBIT 1 THE CINCINNATI GAS & ELECTRIC COMPANY UNDERWRITING AGREEMENT DATED: _______________, [2002] [Name of Managing Underwriter] [Address] Dear Sirs: The Cincinnati Gas & Electric Company, an Ohio corporation (hereinafter called the "Company"),...Underwriting Agreement • July 3rd, 2002 • Cincinnati Gas & Electric Co • Electric & other services combined • New York
AND THE FIFTH THIRD BANK, TrusteeIndenture • May 15th, 1998 • Cincinnati Gas & Electric Co • Electric & other services combined
DUKE ENERGY OHIO, INC. $100,000,000 FIRST MORTGAGE BONDS, 3.70% SERIES, DUE June 15, 2046 UNDERWRITING AGREEMENTUnderwriting Agreement • March 27th, 2017 • Duke Energy Ohio, Inc. • Electric & other services combined • Ohio
Redemption Provisions: At any time before December 15, 2045 (which is the date that is six months prior to maturity of the Mortgage Bonds (the “Par Call Date”)), the Mortgage Bonds will be redeemable in whole or in part, at the issuer’s option at any time, at a redemption price equal to the greater of (i) 100% of the principal amount of the Mortgage Bonds being redeemed and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the Mortgage Bonds being redeemed that would be due if the Mortgage Bonds matured on the Par Call Date (exclusive of interest accrued to the date of redemption) discounted to the redemption date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the treasury rate plus 20 basis points, plus, in each case, accrued and unpaid interest on the principal amount of the Mortgage Bonds being redeemed to, but excluding, the date of redemption. At any time on or after the Par Call Date, the Mo
EMPLOYMENT AGREEMENTEmployment Agreement • February 27th, 2003 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
This EMPLOYMENT AGREEMENT is made and entered into as of the 1st day of January, 2002 (the “Effective Date”), by and between Cinergy and R. Foster Duncan (the “Executive”). This Agreement replaces and supersedes any and all prior employment agreements between Cinergy and the Executive. The capitalized words and terms used throughout this Agreement are defined in Section 11.
EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT made and entered into as of the 24th day of October, 1994, by and among Cinergy Corp., a Delaware Corporation ("Cinergy"), Cinergy Services, Inc., a Delaware Corporation ("Cinergy Services"), The Cincinnati...Employment Agreement • March 28th, 1996 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
AMENDMENT NO. 3 and Consent, dated as of March 16, 2017 (this “Agreement”), among DUKE ENERGY CORPORATION (the “Company”), DUKE ENERGY CAROLINAS, LLC (“Duke Energy Carolinas”), DUKE ENERGY OHIO, INC. (“Duke Energy Ohio”), DUKE ENERGY INDIANA, LLC...Credit Agreement • March 17th, 2017 • Duke Energy Ohio, Inc. • Electric & other services combined • New York
AGREEMENT dated as of November 18, 2011 (as amended by Amendment No. 1 and Consent, dated as of December 18, 2013 and, Amendment No. 2 and Consent, dated as of January 30, 2015 and Amendment No. 3 and Consent, dated as of March 16, 2017) among DUKE ENERGY CORPORATION, DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY OHIO, INC., DUKE ENERGY INDIANA, INC.LLC, DUKE ENERGY KENTUCKY, INC., DUKE ENERGY PROGRESS, INC.LLC (f/k/a PROGRESS ENERGY CAROLINAS, INC.) and, DUKE ENERGY FLORIDA, INC.LLC (f/k/a PROGRESS ENERGY FLORIDA, INC.) asand PIEDMONT NATURAL GAS COMPANY, INC., as Borrowers, the Lenders from time to time party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A. and THE ROYALMIZUHO BANK OF SCOTLAND PLC,, LTD., as Co-Syndication Agents, and BANK OF CHINA, NEW YORK BRANCH, BARCLAYS BANK PLC, CITIBANK, N.A., CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. and UBS SECURITIES LLCROYAL BANK OF CAN
EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT made and entered into as of the 24th day of October, 1994, by and among Cinergy Corp., a Delaware Corporation ("Cinergy"), Cinergy Services, Inc., a Delaware Corporation ("Cinergy Services"), The Cincinnati...Employment Agreement • March 28th, 1996 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
PERFORMANCE AWARD AGREEMENTPerformance Award Agreement • February 21st, 2018 • Duke Energy Ohio, Inc. • Electric & other services combined
Duke Energy Corporation (the "Corporation") grants to the individual named below ("Grantee"), in accordance with the terms of the Duke Energy Corporation 2015 Long-Term Incentive Plan, as it may be amended from time to time (the "Plan") and this Performance Award Agreement (the "Agreement"), the following number of Performance Shares (the "Award"), on the Date of Grant set forth below:
DUKE ENERGY OHIO, INC. $250,000,000 FIRST MORTGAGE BONDS, 2.10% SERIES, DUE JUNE 15, 2013 UNDERWRITING AGREEMENTUnderwriting Agreement • December 18th, 2009 • Duke Energy Ohio, Inc. • Electric & other services combined • Ohio
* Security ratings are not recommendations to buy, sell or hold securities. The ratings are subject to change or withdrawal at any time by the respective credit rating agencies.
RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • February 21st, 2018 • Duke Energy Ohio, Inc. • Electric & other services combined
Duke Energy Corporation (the "Corporation") grants to the individual named below ("Grantee"), in accordance with the terms of the Duke Energy Corporation 2015 Long-Term Incentive Plan, as it may be amended from time to time (the "Plan") and this Restricted Stock Unit Award Agreement (the "Agreement"), the following number of Restricted Stock Units (the "Award"), on the Date of Grant set forth below:
LOAN AGREEMENT between INDIANA DEVELOPMENT FINANCE AUTHORITY and PSI ENERGY, INC.Loan Agreement • May 12th, 2003 • Cincinnati Gas & Electric Co • Electric & other services combined
THIS LOAN AGREEMENT is made and entered into as of February 15, 2003 between the INDIANA DEVELOPMENT FINANCE AUTHORITY (the “Issuer”), a separate body corporate and politic organized and existing under the laws of the State of Indiana, and PSI ENERGY, INC. (the “Company”), a public utility and corporation duly organized and validly existing under the laws of the State of Indiana. Capitalized terms used in the following recitals are used as defined in Article I of this Agreement.
ASSET PURCHASE AGREEMENT BY AND AMONG CINERGY CAPITAL & TRADING, INC., CINCAP VII, LLC AND PSI ENERGY, INC. Dated as of February 5, 2003Asset Purchase Agreement • May 12th, 2003 • Cincinnati Gas & Electric Co • Electric & other services combined • Indiana
ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of February 5, 2003, by and among Cinergy Capital & Trading, Inc., an Indiana corporation (“Parent”), CinCap VII, LLC, a Delaware limited liability company and indirect wholly-owned subsidiary of Parent (“Seller”), and PSI Energy, Inc., an Indiana corporation (“Buyer” and, together with Parent and Seller, “Parties” and individually, a “Party”).
AMENDED AND RESTATED SUPPLEMENTAL EXECUTIVE RETIREMENT INCOME AGREEMENT This Amended and Restated Supplemental Executive Retirement Income Agreement ("Agreement") is made as of the 1st day of January, 1995, by and between The Cincinnati Gas & Electric...Supplemental Executive Retirement Income Agreement • March 28th, 1996 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
THE CINCINNATI GAS & ELECTRIC COMPANY UNDERWRITING AGREEMENTCincinnati Gas & Electric Co • February 6th, 2004 • Electric & other services combined • New York
If any one or more of the Underwriters shall fail or refuse to purchase [Securities] [Shares] which it or they have agreed to purchase hereunder, and the aggregate [principal amount of Securities][number of Shares] which such defaulting Underwriter or Underwriters agreed but failed or refused to purchase is not more than one-tenth of the aggregate [principal amount of Securities][number of Shares], the other Underwriters shall be obligated severally in the proportions which the [principal amount of Securities][number of Shares] set forth opposite their names in Article I
INCENTIVE STOCK OPTION AGREEMENT FOR EMPLOYEES UNDER THE CINERGY CORP.Incentive Stock Option Agreement • November 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • Delaware
THIS INCENTIVE STOCK OPTION AGREEMENT (the “Agreement”), effective as of (the “Date of Grant”), is made by and between Cinergy Corp., a Delaware corporation, and (the “Optionee”), an employee of Cinergy Corp. or one of its directly or indirectly held majority or greater-owned subsidiaries (collectively referred to in this Agreement as the “Company”).
DUKE ENERGY OHIO, INC. (FORMERLY NAMED “THE CINCINNATI GAS & ELECTRIC COMPANY”) TO THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS TRUSTEE (SUCCESSOR TRUSTEE TO THE BANK OF NEW YORK MELLON AND TO IRVING TRUST COMPANY) FIRST MORTGAGE DATED AS OF...Duke Energy Ohio, Inc. • March 24th, 2009 • Electric & other services combined • Ohio
FORTIETH SUPPLEMENTAL INDENTURE, dated as of March 23, 2009 (the “Execution Date”), between DUKE ENERGY OHIO, INC. (hereinafter sometimes referred to as the “Company”), a corporation organized and existing under the laws of the State of Ohio, formerly named The Cincinnati Gas & Electric Company, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association, and the successor trustee to The Bank of New York Mellon and Irving Trust Company (hereinafter sometimes referred to as the “Trustee”), whose mailing address is 900 Ashwood Parkway, Suite 425, Atlanta, Georgia 30338, this Fortieth Supplemental Indenture being an amendment and restatement in its entirety of the Indenture, dated as of August 1, 1936 (the “Original Indenture”), between the Company and the Trustee, as heretofore from time to time amended.
LOAN AGREEMENT between OHIO AIR QUALITY DEVELOPMENT AUTHORITY and THE CINCINNATI GAS & ELECTRIC COMPANY $42,000,000 State of Ohio Air Quality Development Revenue Refunding Bonds, 1995 Series B (The Cincinnati Gas & Electric Company Project)...Loan Agreement • November 13th, 1995 • Cincinnati Gas & Electric Co • Electric & other services combined
PERFORMANCE SHARES AGREEMENT FOR EMPLOYEES UNDER THE CINERGY CORP.Performance Shares Agreement • November 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • Delaware
THIS PERFORMANCE SHARES AGREEMENT (the “Agreement”), effective as of (the “Date of Grant”), is made by and between Cinergy Corp., a Delaware corporation, and (the “Employee”), an employee of Cinergy Corp. or one of its directly or indirectly held majority or greater-owned subsidiaries (collectively referred to herein as the “Company”).
NON-QUALIFIED STOCK OPTION AGREEMENT FOR EMPLOYEES UNDER THE CINERGY CORP.Non-Qualified Stock Option Agreement • November 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • Delaware
THIS NON-QUALIFIED STOCK OPTION AGREEMENT (the “Agreement”), effective as of (the “Date of Grant”), is made by and between Cinergy Corp., a Delaware corporation, and (the “Optionee”), an employee of Cinergy Corp. or one of its directly or indirectly held majority or greater-owned subsidiaries (collectively referred to in this Agreement as the “Company”).
FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT This First Amendment to Amended and Restated Employment Agreement dated effective July 2, 1993, amends that certain Employment Agreement ("Employment Agreement") by and among Cinergy Corp.,...Employment Agreement • March 28th, 1996 • Cincinnati Gas & Electric Co • Electric & other services combined
PHANTOM STOCK AGREEMENT FOR EMPLOYEES UNDER THE CINERGY CORP.Phantom Stock Agreement • November 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • Delaware
THIS PHANTOM STOCK AGREEMENT (the “Agreement”), effective as of (the “Date of Grant”), is made by and between Cinergy Corp., a Delaware corporation, and (the “Employee”), an employee of Cinergy Corp. or one of its directly or indirectly held majority or greater-owned subsidiaries (collectively referred to herein as the “Company”).
CINERGY CORP. AMENDED AND RESTATED SEPARATION AND RETIREMENT AGREEMENT AND WAIVER AND RELEASE OF LIABILITYSeparation and Retirement Agreement • February 28th, 2002 • Cincinnati Gas & Electric Co • Electric & other services combined • Ohio
DUKE ENERGY OHIO, inc. $400,000,000 FIRST MORTGAGE BONDS, 2.125% SERIES, DUE JUNE 1, 2030 UNDERWRITING AGREEMENTDuke Energy Ohio • May 21st, 2020 • Duke Energy Ohio, Inc. • Electric & other services combined • Ohio
Redemption Provisions: At any time before March 1, 2030 (which is the date that is three months prior to the maturity date of the Bonds (the “Par Call Date”)), the Bonds will be redeemable in whole or in part, at the Issuer’s option at any time, at a redemption price equal to the greater of (i) 100% of the principal amount of the Bonds being redeemed and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the Bonds being redeemed that would be due if the Bonds matured on the Par Call Date (exclusive of interest accrued to the date of redemption) discounted to the redemption date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the treasury rate plus 25 basis points, plus, in each case, accrued and unpaid interest on the principal amount of the Bonds being redeemed to, but excluding, the date of redemption. At any time on or after the Par Call Date, the Bonds will be redeemable in whole or in part,
AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • New York
This AMENDMENT NO. 1 (this “Amendment”), dated as of July 11, 2005, to the Agreement and Plan of Merger, dated as of May 8, 2005 (the “Merger Agreement”), by and among Duke Energy Corporation, a North Carolina corporation (“Duke”), Cinergy Corp., a Delaware corporation (“Cinergy”), Duke Energy Holding Corp., a Delaware corporation (formerly Deer Holding Corp.) (the “Company”), Deer Acquisition Corp., a North Carolina corporation (“Merger Sub A”), and Cougar Acquisition Corp., a Delaware corporation (“Merger Sub B”).
LOAN AGREEMENT between OHIO AIR QUALITY DEVELOPMENT AUTHORITY and THE CINCINNATI GAS & ELECTRIC COMPANYLoan Agreement • November 13th, 2002 • Cincinnati Gas & Electric Co • Electric & other services combined
THIS LOAN AGREEMENT is made and entered into as of September 1, 2002 between the OHIO AIR QUALITY DEVELOPMENT AUTHORITY (the "Authority"), a body politic and corporate organized and existing under the laws of the State of Ohio, and THE CINCINNATI GAS & ELECTRIC COMPANY (the "Company"), a public utility and corporation duly organized and validly existing under the laws of the State of Ohio. Capitalized terms used in the following recitals are used as defined in Article I of this Agreement.
AND THE FIFTH THIRD BANK, TrusteeFifth Supplemental Indenture • August 14th, 1998 • Cincinnati Gas & Electric Co • Electric & other services combined • New York
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement dated effective October 24, 1994, amends that certain Employment Agreement ("Employment Agreement") by and among Cinergy Corp., a Delaware corporation ("Cinergy"),...Employment Agreement • March 28th, 1996 • Cincinnati Gas & Electric Co • Electric & other services combined
ASSET PURCHASE AGREEMENT BY AND AMONG PSI ENERGY, INC. AND THE CINCINNATI GAS & ELECTRIC COMPANY (AS BUYERS) AND ALLEGHENY ENERGY SUPPLY COMPANY, LLC, ALLEGHENY ENERGY SUPPLY WHEATLAND GENERATING FACILITY, LLC AND LAKE ACQUISITION COMPANY, L.L.C. (AS...Asset Purchase Agreement • August 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • Indiana
ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of May 6, 2005, by and among PSI Energy, Inc., an Indiana corporation (“PSI Energy”), and The Cincinnati Gas & Electric Company, an Ohio corporation (“CG&E” and, together with PSI Energy, collectively, the “Buyers”), and Allegheny Energy Supply Wheatland Generating Facility, LLC, a Delaware limited liability company and a wholly owned subsidiary of AESC (“Wheatland LLC”), Lake Acquisition Company, L.L.C., a Delaware limited liability company and a wholly owned subsidiary of AESC (“Lake LLC” and, together with Wheatland LLC, each, individually, a “Seller” and, collectively, the “Sellers”), and Allegheny Energy Supply Company, LLC, a Delaware limited liability company (“AESC” and, together with the Sellers, the “Seller Parties”).
DUKE ENERGY OHIO, INC. $450,000,000 FIRST MORTGAGE BONDS, 5.45% SERIES, DUE APRIL 1, 2019 UNDERWRITING AGREEMENTUnderwriting Agreement • March 24th, 2009 • Duke Energy Ohio, Inc. • Electric & other services combined • Ohio
* Security ratings are not recommendations to buy, sell or hold securities. The ratings are subject to change or withdrawal at any time by the respective credit rating agencies.
RESTRICTED STOCK AGREEMENT FOR EMPLOYEES UNDER THE CINERGY CORP.Restricted Stock Agreement • November 4th, 2005 • Cincinnati Gas & Electric Co • Electric & other services combined • Delaware
THIS RESTRICTED STOCK AGREEMENT (the “Agreement”), dated effective as of (the “Date of Grant”), is made by and between Cinergy Corp., a Delaware corporation, and (the “Employee”), an employee of Cinergy Corp. or one of its directly or indirectly held majority or greater-owned subsidiaries (collectively referred to herein as the “Company”).
AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 29, 2006 among Cinergy Corp., The Cincinnati Gas & Electric Company, PSI Energy, Inc., The Union Light, Heat and Power Company, The Banks Listed Herein, Barclays Bank PLC, as Administrative Agent...Credit Agreement • August 14th, 2006 • Cincinnati Gas & Electric Co • Electric & other services combined • New York
AGREEMENT dated as of June 29, 2006 among CINERGY CORP., THE CINCINNATI GAS & ELECTRIC COMPANY, PSI ENERGY, INC., THE UNION LIGHT, HEAT AND POWER COMPANY, the BANKS listed on the signature pages hereof, BARCLAYS BANK PLC, as Administrative Agent, and JPMORGAN CHASE BANK, N.A., as Syndication Agent.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement dated effective October 24, 1994, amends that certain Employment Agreement ("Employment Agreement") by and among Cinergy Corp., a Delaware corporation ("Cinergy"),...Employment Agreement • March 28th, 1996 • Cincinnati Gas & Electric Co • Electric & other services combined
KEEPWELL AGREEMENTKeepwell Agreement • April 14th, 2006 • Cincinnati Gas & Electric Co • Electric & other services combined • Delaware
This KEEPWELL AGREEMENT (this “Agreement”) is entered into as of April 10, 2006 (the “Effective Date”) by and between DUKE CAPITAL LLC, a Delaware limited liability company (“Duke Capital”) and THE CINCINNATI GAS & ELECTRIC COMPANY, an Ohio corporation (“CG&E”) (Duke Capital and CG&E are sometimes referred to herein individually as a “Party” and collectively as the “Parties”).
