AMENDMENT NO. 2 TO THE AGREEMENT AND PLAN OF MERGERAgreement 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”).
