0001193125-11-006051 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among DUKE ENERGY CORPORATION, DIAMOND ACQUISITION CORPORATION and PROGRESS ENERGY, INC. Dated as of January 8, 2011
Agreement and Plan of Merger • January 11th, 2011 • Duke Energy CORP • Electric & other services combined • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of January 8, 2011 (this “Agreement”), by and among DUKE ENERGY CORPORATION, a Delaware corporation (“Duke”), DIAMOND ACQUISITION CORPORATION, a North Carolina corporation and a direct wholly-owned subsidiary of Duke (“Merger Sub”), and PROGRESS ENERGY, INC., a North Carolina corporation (“Progress”).

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