This
document includes statements that do not directly or exclusively relate to historical
facts. Such statements are forward-looking statements within the meaning of
Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act
of 1934. These forward-looking statements include statements regarding benefits of the
proposed mergers and restructuring transactions, integration plans and expected synergies,
anticipated future financial operating performance and results, including estimates of
growth. These statements are based on the current expectations of management of Duke and
Cinergy. There are a number of risks and uncertainties that could cause actual results to
differ materially from the forward-looking statements included in this document. For
example, (1) the companies may be unable to obtain shareholder approvals required for the
transaction; (2) the companies may be unable to obtain regulatory approvals required for
the transaction, or required regulatory approvals may delay the transaction or result in
the imposition of conditions that could have a material adverse effect on the combined
company or cause the companies to abandon the transaction; (3) conditions to the closing
of the transaction may not be satisfied; (4) problems may arise in successfully
integrating the businesses of the companies, which may result in the combined company not
operating as effectively and efficiently as expected; (5) the combined company may be
unable to achieve cost-cutting synergies or it may take longer than expected to achieve
those synergies; (6) the transaction may involve unexpected costs or unexpected
liabilities, or the effects of purchase accounting may be different from the
companies expectations; (7) the credit ratings of the combined company or its
subsidiaries may be different from what the companies expect; (8) the businesses of the
companies may suffer as a result of uncertainty surrounding the transaction; (9) the
industry may be subject to future regulatory or legislative actions that could adversely
affect the companies; and (10) the companies may be adversely affected by other economic,
business, and/or competitive factors. Additional factors that may affect the future
results of Duke and Cinergy are set forth in their respective filings with the Securities
and Exchange Commission (SEC), which are available at
www.duke-energy.com/investors and www.cinergy.com/investors, respectively. Duke and
Cinergy undertake no obligation to publicly update or revise any forward-looking
statements, whether as a result of new information, future events or otherwise. |