Common Contracts

2 similar Agreement and Plan of Merger contracts by Cinergy Corp, Duke Energy Corp

AMENDMENT NO. 2 TO THE AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • October 7th, 2005 • Duke Energy Corp • Electric services • New York

This AMENDMENT NO. 2 (this “Amendment”), dated as of October 3, 2005, to the Agreement and Plan of Merger, dated as of May 8, 2005, as amended as of July 11, 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”).

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AMENDMENT NO. 2 TO THE AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • October 7th, 2005 • Cinergy Corp • Electric & other services combined • New York

This AMENDMENT NO. 2 (this “Amendment”), dated as of October 3, 2005, to the Agreement and Plan of Merger, dated as of May 8, 2005, as amended as of July 11, 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”).

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