Amendment to Cinergy Corp. Supplemental Executive Retirement Plan (December 14, 2005)
This amendment updates the Cinergy Corp. Supplemental Executive Retirement Plan, effective December 14, 2005. It removes certain restrictions on making further amendments after a change in control of the company. The amendment also clarifies that if Cinergy is reorganized or acquired, any successor or acquiring entity will assume Cinergy’s obligations under the plan. The amendment is executed by Cinergy Corp. through its Vice President of Human Resources.
Exhibit 10.6
AMENDMENT TO THE
CINERGY CORP. SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
The Cinergy Corp. Supplemental Executive Retirement Plan, as amended and restated effective January 1, 1999, as amended, is hereby amended as follows, effective as of December 14, 2005.
(1) Explanation of Amendment
The Amendment eliminates certain restrictions on amendments that would otherwise apply following a change in control.
(2) Amendment
Section 16.2 of the Plan is amended to read as follows:
“16.2 Merger, Consolidation, and Change in Control
If Cinergy should be reorganized by merger, consolidation, transfer of assets, or otherwise, so that a corporation, partnership, or person shall succeed to all or substantially all of Cinergy’s business, or a Change in Control of Cinergy occurs, then the obligations and responsibilities of Cinergy under the Plan will be assumed by any successor, acquiring corporation, or controlling entity.”
IN WITNESS WHEREOF, Cinergy Corp. has caused this Amendment to be executed and approved by its duly authorized officer effective as of December 14, 2005.
| By: |
| /s/ TIMOTHY J. VERHAGEN |
|
|
|
| Timothy J. Verhagen | |
|
|
| Vice President, Human Resources | |
