DUKE ENERGY CORPORATION AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee INDENTURE Dated as of April 6, 2023Indenture • April 6th, 2023 • Duke Energy CORP • Electric & other services combined • New York
INDENTURE dated as of April 6, 2023 between DUKE ENERGY CORPORATION, a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized under the laws of the United States of America, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • March 1st, 2013 • Duke Energy CORP • Electric & other services combined • North Carolina
THIS AGREEMENT, dated as of ____________, is made by and between Duke Energy Corporation, a Delaware corporation (the “Company”), and ____________ (the “Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 29th, 2008 • Duke Energy CORP • Electric & other services combined • Ohio
This EMPLOYMENT AGREEMENT is made and entered into as of the 24th day of September, 2002 (the “Effective Date”), by and between Cinergy and James L. Turner (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.
DUKE ENERGY Corporation €750,000,000 3.75% SENIOR NOTES DUE 2031 UNDERWRITING AGREEMENTUnderwriting Agreement • April 12th, 2024 • Duke Energy CORP • Electric & other services combined • New York
Optional Redemption: The Issuer may redeem the Notes prior to January 1, 2031, in whole, at any time, or in part, from time to time, at the Issuer’s option, for cash, at a redemption price equal to the greater of: (1) 100% of the principal amount of the Notes to be redeemed; and (2) an amount determined by the Quotation Agent equal to the sum of the present values of the remaining scheduled payments of principal, premium, if any, and interest thereon (not including any portion of such payments of interest accrued to the date of redemption) to January 1, 2031, discounted to the date of redemption on an annual basis (Actual/Actual (ICMA) at the Comparable Government Bond Rate), plus 25 basis points, plus accrued and unpaid interest thereon to, but not including, the date of redemption. On or after January 1, 2031, the Issuer may redeem the Notes, in whole, at any time, or in part, from time to time, at the Issuer’s option, for cash, at a redemption price equal to 100% of the principal am
DEPOSIT AGREEMENT among DUKE ENERGY CORPORATION andDeposit Agreement • March 29th, 2019 • Duke Energy CORP • Electric & other services combined • New York
THIS DEPOSIT AGREEMENT, dated as of March 29, 2019 (as amended or supplemented from time to time in accordance with the terms hereof, this “Agreement”), among DUKE ENERGY CORPORATION, a Delaware corporation (the “Corporation”), EQUINITI TRUST COMPANY, as Depositary, and the holders from time to time of the Receipts (as defined below).
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between JPMorgan Chase Bank, National Association (“Dealer”), and Duke Energy Corporation (“Counterparty”), on the Trade...Duke Energy CORP • November 21st, 2019 • Electric & other services combined • New York
This Confirmation evidences a complete and binding agreement between Dealer and Counterparty as to the terms of the Transaction to which this Confirmation relates and supersedes all prior or contemporaneous written or oral communications with respect thereto. This Confirmation shall supplement, form a part of, and be subject to an agreement (the “Agreement”) in the form of the 1992 ISDA Master Agreement (Multicurrency – Cross Border) as if Dealer and Counterparty had executed an agreement in such form (without any Schedule but with the elections set forth in this Confirmation) on the Trade Date. The Transaction hereunder shall be the sole Transaction under the Agreement. If there exists any ISDA Master Agreement between Dealer and Counterparty or any confirmation or other agreement between Dealer and Counterparty pursuant to which an ISDA Master Agreement is deemed to exist between Dealer and Counterparty, then notwithstanding anything to the contrary in such ISDA Master Agreement, suc
CREDIT AGREEMENT dated as of November 18, 2011 among Duke Energy Corporation Duke Energy Carolinas, LLC Duke Energy Ohio, Inc. Duke Energy Indiana, Inc. and Duke Energy Kentucky, Inc., as Borrowers, The Lenders Listed Herein, Wells Fargo Bank,...Credit Agreement • November 25th, 2011 • Duke Energy CORP • Electric & other services combined • New York
AGREEMENT dated as of November 18, 2011 among DUKE ENERGY CORPORATION, DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY OHIO, INC., DUKE ENERGY INDIANA, INC. and DUKE ENERGY KENTUCKY, INC., as Borrowers, the Lenders listed on the signature pages hereof, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A. and THE ROYAL BANK OF SCOTLAND PLC, as Co-Syndication Agents, and BANK OF CHINA, NEW YORK BRANCH, BARCLAYS BANK PLC, CITIBANK, N.A., CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED, NEW YORK BRANCH, JPMORGAN CHASE BANK, N.A. and UBS SECURITIES LLC, as Co-Documentation Agents.
AGREEMENT AND PLAN OF MERGER Dated as of October 24, 2015 by and among DUKE ENERGY CORPORATION, FOREST SUBSIDIARY, INC. and PIEDMONT NATURAL GAS COMPANY, INC.Agreement and Plan of Merger • October 26th, 2015 • Duke Energy CORP • Electric & other services combined • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of October 24, 2015 (this “Agreement”), is entered into by and among Duke Energy Corporation, a Delaware corporation (“Parent”), Forest Subsidiary, Inc., a North Carolina corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Piedmont Natural Gas Company, Inc., a North Carolina corporation (the “Company”). Defined terms used herein have the respective meanings set forth in Section 8.13.
FIRST AMENDMENT TO EMPLOYEE MATTERS AGREEMENTEmployee Matters Agreement • November 9th, 2007 • Duke Energy CORP • Electric & other services combined
THIS FIRST AMENDMENT TO EMPLOYEE MATTERS AGREEMENT (this “Amendment”) is entered into as of September 28, 2007, by and between Duke Energy Corporation, a Delaware corporation (“Duke Energy”), and Spectra Energy Corp (f/k/a Gas SpinCo, Inc.), a Delaware corporation (“Spectra Energy”), each a “Party” and together, the “Parties”.
RETENTION AWARD AGREEMENTRetention Award Agreement • February 29th, 2008 • Duke Energy CORP • Electric & other services combined • Delaware
THIS RETENTION AWARD AGREEMENT (the “Agreement”), effective as of April 4, 2006 (the “Date of Grant”), is made by and between Duke Energy Corporation (“Duke Energy”), a Delaware corporation, and Marc Manly (the “Employee”), an employee of Duke Energy Corporation or one of its directly or indirectly held majority or greater-owned subsidiaries or affiliates (collectively referred to herein as the “Company”).
RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • February 18th, 2016 • Duke Energy CORP • Electric & other services combined • Delaware
This Restricted Stock Unit Award Agreement (the “Agreement”) has been made as of , (the “Date of Grant”) between Duke Energy Corporation, a Delaware corporation, with its principal offices in Charlotte, North Carolina (the “Corporation”), and (the “Grantee”).
PERFORMANCE AWARD AGREEMENTPerformance Award Agreement • February 18th, 2016 • Duke Energy CORP • Electric & other services combined • Delaware
This Performance Award Agreement (the “Agreement”) has been made as of (the “Date of Grant”) between Duke Energy Corporation, a Delaware corporation, with its principal offices in Charlotte, North Carolina (the “Corporation”), and (the “Grantee”).
TAX MATTERS AGREEMENT by and among DUKE ENERGY CORPORATION, SPECTRA ENERGY CORP, and THE OTHER SPECTRA ENERGY PARTIES Dated as of December 13, 2006Tax Matters Agreement • December 15th, 2006 • Duke Energy CORP • Electric & other services combined • New York
THIS TAX MATTERS AGREEMENT is entered into as of December 13, 2006, by and among Duke Energy Corporation, a Delaware corporation (“Duke Energy”), Spectra Energy Corp (f/k/a Gas SpinCo, Inc.), a Delaware corporation (“Spectra Energy”), and each of the Other Spectra Energy Parties; each a “Party” and collectively, the “Parties”.
SEPARATION AND SETTLEMENT AGREEMENTSeparation and Settlement Agreement • March 1st, 2013 • Duke Energy CORP • Electric & other services combined • North Carolina
This Separation and Settlement Agreement (this “Agreement”) is entered into as of July 10, 2012 by and between the executive listed on Exhibit A (the “Executive”), and Duke Energy Corporation, a Delaware corporation (“Duke Energy”). The Executive and Duke Energy are referred to as the “Parties,” and each as a “Party,” in this Agreement.
SEPARATION AND SETTLEMENT AGREEMENTSeparation and Settlement Agreement • July 3rd, 2012 • Duke Energy CORP • Electric & other services combined • North Carolina
This Separation and Settlement Agreement (this “Agreement”) is entered into as of July 3, 2012 by and between William D. Johnson (the “Executive”), and Duke Energy Corporation, a Delaware corporation (“Duke Energy”). The Executive and Duke Energy are referred to as the “Parties,” and each as a “Party,” in this Agreement.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 29th, 2008 • Duke Energy CORP • Electric & other services combined
The Employment Agreement between Cinergy Corp., its subsidiaries and/or its affiliates (“Cinergy”) and Marc E. Manly (the “Executive”) dated as of November 15, 2002 (the “Agreement”) is hereby amended pursuant to this amendment (the “Amendment”) effective as of the completion of the Merger (as defined in the Agreement and Plan of Merger, dated as of May 9, 2005, by and among Duke Energy Corporation, Cinergy Corp., Duke Holding Corp., Duke Acquisition Corp., and Cinergy Acquisition Corp.). In the event that the Merger does not occur, this Amendment shall be void ab initio and of no further force and effect.
PERFORMANCE AWARD AGREEMENTPerformance Award Agreement • February 22nd, 2011 • Duke Energy CORP • Electric & other services combined • Delaware
This Performance Award Agreement (the “Agreement”) has been made as of (the “Date of Grant”) between Duke Energy Corporation, a Delaware corporation, with its principal offices in Charlotte, North Carolina (the “Corporation”), and (the “Grantee”).
TERM LOAN CREDIT AGREEMENT dated as of March 9, 2022, by and among DUKE ENERGY CORPORATION as Borrower, the lenders referred to herein, as Lenders and THE BANK OF NOVA SCOTIA as Administrative Agent and Coordinating Lead Arranger Bank of China, New...Term Loan Credit Agreement • March 22nd, 2022 • Duke Energy CORP • Electric & other services combined • New York
WHEREAS, this Assignment and Assumption Agreement (the “Agreement”) relates to the Term Loan Credit Agreement dated as of March 9, 2022 by and among Duke Energy Corporation, the Assignor and the other Lenders party thereto, as Lenders and the Administrative Agent (the “Credit Agreement”);
PERFORMANCE AWARD AGREEMENTPerformance Award Agreement • March 1st, 2013 • Duke Energy CORP • Electric & other services combined • Delaware
This Performance Award Agreement (the "Agreement") has been made as of ______________________ (the "Date of Grant") between Duke Energy Corporation, a Delaware corporation, with its principal offices in Charlotte, North Carolina (the "Corporation"), and ________________ (the "Grantee").
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between [Dealer] (“Dealer”)[, through its agent [Agent] (the “Agent”),] and Duke Energy Corporation (“Counterparty”), on...Letter Agreement • November 8th, 2019 • Duke Energy CORP • Electric & other services combined
This Confirmation evidences a complete and binding agreement between Dealer and Counterparty as to the terms of the Transaction to which this Confirmation relates and supersedes all prior or contemporaneous written or oral communications with respect thereto. This Confirmation, together with any other Confirmations for registered forward transactions entered into between Dealer and Counterparty (each, an “Additional Confirmation”), shall supplement, form a part of, and be subject to an agreement (the “Agreement”) in the form of the 1992 ISDA Master Agreement (Multicurrency – Cross Border) as if Dealer and Counterparty had executed an agreement in such form (without any Schedule but with the elections set forth in this Confirmation) on the Trade Date. The Transaction and the Transactions to which the Additional Confirmations, if any, relate (each, an “Additional Transaction”) shall be the sole Transactions under the Agreement. If there exists any ISDA Master Agreement between Dealer and
PHANTOM STOCK AWARD AGREEMENTPhantom Stock Award Agreement • February 22nd, 2011 • Duke Energy CORP • Electric & other services combined • Delaware
This Phantom Stock Award Agreement (the “Agreement”) has been made as of , (the “Date of Grant”) between Duke Energy Corporation, a Delaware corporation, with its principal offices in Charlotte, North Carolina (the “Corporation”), and (the “Grantee”).
TERM LOAN CREDIT AGREEMENT dated as of March 19, 2020, by and among DUKE ENERGY CORPORATION as Borrower, the lenders referred to herein, as Lenders and PNC BANK, N.A. as Administrative Agent, PNC CAPITAL MARKETS LLC THE BANK OF NOVA SCOTIA BANK OF...Term Loan Credit Agreement • March 19th, 2020 • Duke Energy CORP • Electric & other services combined • New York
TERM LOAN CREDIT AGREEMENT dated as of March 19 2020, by and among DUKE ENERGY CORPORATION, a Delaware corporation, as Borrower, the Lenders from time to time party hereto and PNC BANK, N.A., as Administrative Agent.
TRANSITION SERVICES AGREEMENT by and between DUKE ENERGY CORPORATION and SPECTRA ENERGY CORP Dated as of December 13, 2006Transition Services Agreement • December 15th, 2006 • Duke Energy CORP • Electric & other services combined • New York
THIS TRANSITION SERVICES AGREEMENT (this “Agreement”) is entered into as of December 13, 2006, by and between Duke Energy Corporation, a Delaware corporation (“Duke Energy”), and Spectra Energy Corp (f/k/a Gas SpinCo, Inc.), a Delaware corporation (“Spectra Energy”), each a “Party” and together, the “Parties”.
EMPLOYMENT AGREEMENTEmployment Agreement • July 3rd, 2012 • Duke Energy CORP • Electric & other services combined • North Carolina
This Employment Agreement (the “Agreement”) is entered into as of the 27th day of June, 2012, by and between William D. Johnson (the “Employee”) and Duke Energy Corporation, a Delaware corporation (“Duke Energy”).
EMPLOYEE MATTERS AGREEMENT by and between DUKE ENERGY CORPORATION AND SPECTRA ENERGY CORP Dated as of December 13, 2006Employee Matters Agreement • December 15th, 2006 • Duke Energy CORP • Electric & other services combined • New York
This EMPLOYEE MATTERS AGREEMENT (the “Agreement”) is entered into as of December 13, 2006, by and between Duke Energy Corporation, a Delaware corporation (“Duke Energy”), and Spectra Energy Corp (f/k/a Gas SpinCo, Inc.), a Delaware corporation (“Spectra Energy”), each a “Party” and together, the “Parties”.
Barclays Bank PLCLetter Agreement • March 7th, 2016 • Duke Energy CORP • Electric & other services combined • New York
PERFORMANCE AWARD AGREEMENTPerformance Award Agreement • May 9th, 2023 • Duke Energy CORP • 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 2023 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:
CHANGE IN CONTROL AGREEMENTEmployment Agreement • February 29th, 2008 • Duke Energy CORP • Electric & other services combined • North Carolina
THIS AGREEMENT, dated effective as of April 4, 2006, is made by and between Duke Energy Corporation, formerly known as Duke Energy Holding Corp., a Delaware corporation (the “Company”), and Marc E. Manly (the “Executive”).
DUKE ENERGY CORPORATION $450,000,000 3.35% SENIOR NOTES DUE 2015 UNDERWRITING AGREEMENTUnderwriting Agreement • March 25th, 2010 • Duke Energy CORP • Electric & other services combined • New York
The issuer has filed a registration statement (including a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read the prospectus in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may get these documents for free by visiting EDGAR on the SEC Web site at www.sec.gov. Alternatively, the issuer, any underwriter or any dealer participating in the offering will arrange to send you the prospectus if you request it by calling Credit Suisse Securities (USA) LLC at (800) 221-1037, SunTrust Robinson Humphrey, Inc. at (800) 685-4786, or UBS Securities LLC at (877) 827-6444 ext 561-3884.
CONSULTING AGREEMENTConsulting Agreement • September 27th, 2021 • Duke Energy CORP • Electric & other services combined • North Carolina
This Consulting Agreement (the “Agreement”), effective as of September 22, 2021, is made by and between Duke Energy Business Services, LLC, individually and/or collectively, as appropriate, with Duke Energy Corporation and its subsidiaries and affiliates (“Duke Energy”), and Douglas F Esamann (the “Consultant”) (collectively referred to herein as the “Parties” and individually as a “Party”).
PERFORMANCE AWARD AGREEMENTPerformance Award Agreement • February 22nd, 2011 • Duke Energy CORP • Electric & other services combined • Delaware
This Performance Award Agreement (the “Agreement”) has been made as of (the “Date of Grant”) between Duke Energy Corporation, a Delaware corporation, with its principal offices in Charlotte, North Carolina (the “Corporation”), and James E. Rogers (the “Grantee”).
SEPARATION AND DISTRIBUTION AGREEMENT by and between DUKE ENERGY CORPORATION and SPECTRA ENERGY CORP Dated as of December 13, 2006Separation and Distribution Agreement • December 15th, 2006 • Duke Energy CORP • Electric & other services combined • New York
THIS SEPARATION AND DISTRIBUTION AGREEMENT (this “Agreement”), is entered into as of December 13, 2006, by and between Duke Energy Corporation, a Delaware corporation (“Duke Energy”), and Spectra Energy Corp (f/k/a Gas SpinCo, Inc.), a Delaware corporation (“Spectra Energy”), each a “Party” and together, the “Parties”.
DUKE ENERGY CORPORATION Shares of Common Stock (par value $0.001 per share) With an Aggregate Sales Price of Up to $1,500,000,000 EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 8th, 2019 • Duke Energy CORP • Electric & other services combined • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and Duke Energy Corporation (“Counterparty”),...Duke Energy CORP • March 9th, 2018 • Electric & other services combined • New York
This Confirmation evidences a complete and binding agreement between Dealer and Counterparty as to the terms of the Transaction to which this Confirmation relates and supersedes all prior or contemporaneous written or oral communications with respect thereto. This Confirmation shall supplement, form a part of, and be subject to an agreement (the “Agreement”) in the form of the 1992 ISDA Master Agreement (Multicurrency — Cross Border) as if Dealer and Counterparty had executed an agreement in such form (without any Schedule but with the elections set forth in this Confirmation) on the Trade Date. The Transaction hereunder shall be the sole Transaction under the Agreement. If there exists any ISDA Master Agreement between Dealer and Counterparty or any confirmation or other agreement between Dealer and Counterparty pursuant to which an ISDA Master Agreement is deemed to exist between Dealer and Counterparty then notwithstanding anything to the contrary in such ISDA Master Agreement, such
CREDIT AGREEMENT dated as of June 14, 2017 among Duke Energy Corporation, as Borrower, The Lenders Listed Herein, The Bank of Nova Scotia, as Administrative Agent, and PNC Bank, National Association, Sumitomo Mitsui Banking Corporation and TD Bank,...Credit Agreement • June 14th, 2017 • Duke Energy CORP • Electric & other services combined • New York
CREDIT AGREEMENT dated as of June 14, 2017 among DUKE ENERGY CORPORATION, as Borrower, the Lenders from time to time party hereto, THE BANK OF NOVA SCOTIA, as Administrative Agent, PNC BANK, NATIONAL ASSOCIATION, SUMITOMO MITSUI BANKING CORPORATION and TD BANK, N.A., as Co-Syndication Agents, and Bank of China, New York Branch, BNP Paribas, Santander Bank, N.A. and U.S. Bank National Association, as Co-Documentation Agents.
