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- 10-K Annual report
- 10.5 Amendment to Executive Savings Plan
- 10.5 Amendment to Executive Savings Plan
- 10.6 Excess Pension Plan Amendment
- 10.6 Excess Pension Plan Amendment
- 10.6 Excess Pension Plan Amendment
- 10.6 Excess Pension Plan Amendment
- 10.56 Retention Award Agreement
- 10.57 Retention Award Agreement
- 10.58 Form of Change In Control Agreement
- 10.59 Separation and Settlement Agreement
- 10.60 Separation and Settlement Agreement
- 10.61 Separation and Settlement Agreement
- 10.62 Separation and Settlement Agreement
- 10.63 Consulting Agreement
- 10.64 Performance Share Award
- 10.65 Amendment to Executive Cash Balance Plan
- 10.95 Amendment to Deferred Compensation Plan
- 10.96 Amendment to Management Incentive Compensation Plan
- 12.1 Computation of Ratio of Earnings to Fixed Charges - Duke Energy Corporation
- 12.2 Computation of Ratio of Earnings to Fixed Charges - Duke Energy Carolinas
- 12.4 Computation of Ratio of Earnings to Fixed Charges - Progress Energy Carolinas
- 12.5 Computation of Ratio of Earnings to Fixed Charges - Progress Energy Florida
- 12.6 Computation of Ratio of Earnings to Fixed Charges - Duke Energy Ohio
- 21 List of Subsidiaries
- 23.1 Consent of Independent Registered Public Accounting Firm
- 23.1 Consent of Independent Registered Public Accounting Firm
- 23.1 Consent of Independent Registered Public Accounting Firm
- 23.1 Consent of Independent Registered Public Accounting Firm
- 23.1 Consent of Independent Registered Public Accounting Firm
- 23.1 Consent of Independent Registered Public Accounting Firm
- 24.1 Power of Attorney Authorizing Lynn J Good and Others to Sign the Annual Report
- 24.2 Certified Copy of Resolution of the Board of Directors
- 31.1 Certification of the Chief Executive Officer
- 31.1 Certification of the Chief Executive Officer
- 31.1 Certification of the Chief Executive Officer
- 31.1 Certification of the Chief Executive Officer
- 31.1 Certification of the Chief Executive Officer
- 31.1 Certification of the Chief Executive Officer
- 31.1 Certification of the Chief Executive Officer
- 31.2 Certification of the Chief Financial Officer
- 31.2 Certification of the Chief Financial Officer
- 31.2 Certification of the Chief Financial Officer
- 31.2 Certification of the Chief Financial Officer
- 31.2 Certification of the Chief Financial Officer
- 31.2 Certification of the Chief Financial Officer
- 31.2 Certification of the Chief Financial Officer
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.1 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 32.2 Certification Pursuant to 18 U.s.c. Section 1350
- 12.3 Computation of Ratio of Earnings to Fixed Charges - Progress Energy
- 12.7 Computation of Ratio of Earnings to Fixed Charges - Duke Energy Indiana
- 23.1 Consent of Independent Registered Public Accounting Firm
amendment to the
CINeRGY Corp. excess pension plan
The Cinergy Corp. Excess Pension Plan, as amended and restated effective as of December 31, 2008 (the "Plan"), is hereby amended effective as of the close of business on January 31, 2010 or such other date specified below.
(1) Explanation of Amendment
The Plan is amended to change the sponsor of the Plan from Cinergy Corp. to Duke Energy Corporation and to clarify the treatment of banked vacation under the Plan.
(2) Amendment
(a) Effective as of November 1, 2009, the last sentence of Section 4.2(b)(ii) of the Plan is amended in its entirety to read as follows:
"Notwithstanding the foregoing, a Participant's benefit under the Plan shall be calculated by (i) determining the Participant's Highest Average Earnings by including Accrued Vacation Pay in Earnings when paid at the Participant's termination of employment, and (ii) without taking into account the provision in the Cinergy Pension Plan that provides that the Participant's Highest Average Earnings will be determined without regard to Accrued Vacation Pay, with the resulting amount, increased by the average annual Accrued Vacation Pay, if any, paid at the Participant's termination of employment."
(b) The first two sentences of Article VIII of the Plan are hereby amended in their entirety to read as follows:
"Duke Energy Corporation retains the sole and unilateral right to terminate, amend, modify or supplement the Plan, in whole or in part, at anytime. Amendment shall be through action of the Board of Directors of Duke Energy Corporation or the Committee. The Board of Directors of Duke Energy Corporation or the Committee may delegate its respective right to amend the Plan, subject to any limitations it may impose, to an officer of the Company."
(c) Section 9.1 of the Plan is hereby amended in its entirely to read as follows:
"9.1 Top Hat Plan. Duke Energy Corporation intends for the Plan to be an unfunded "top-hat" plan for a select group of management or highly compensated employees which is exempt from substantially all of the requirements of Title I of ERISA pursuant to Sections 201(2), 301(a)(3), and 401(a)(1) of ERISA. Duke Energy Corporation is the Plan sponsor under Section 3(16)(B) of ERISA."
IN WITNESS WHEREOF, Cinergy Corp. has caused this Amendment to be executed effective as of the date specified below and Duke Energy Corporation accepts sponsorship of the Plan effective as of the close of business on January 31, 2010.
CINERGY CORP. DUKE ENERGY CORPORATION
By: /s/ JENNIFER L. WEBER By: /s/ JENNIFER L. WEBER__________
Title: Senior Vice President and Chief Title: Senior Vice President and Chief
Human Resources Officer Human Resources Officer
Date: January 28, 2010 Date: January 28, 2010