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 18th, 2009 • Electric & other services combined • Ohio
FORTIETH SUPPLEMENTAL INDENTURE, dated as of March , 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.
