8-K 1 g21614e8vk.htm FORM 8-K e8vk
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 14, 2009
DUKE ENERGY OHIO, INC.
(Exact Name of Registrant as Specified in its Charter)
         
Ohio
(State or Other Jurisdiction
of Incorporation)
  1-1232
(Commission
File Number)
  31-0240030
(IRS Employer
Identification No.)
139 East Fourth Street, Cincinnati, Ohio 45202
(Address of Principal Executive Offices, including Zip code)
(704) 594-6200
(Registrant’s telephone number, including area code)
     Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240. 13e-4(c))
 
 

 


 

Item 8.01. Other Events.
     On December 14, 2009, Duke Energy Ohio, Inc. (the “Company”) entered into an underwriting agreement, dated as of December 14, 2009, with Barclays Capital Inc. and RBS Securities Inc., as underwriters (the “Underwriters”), pursuant to which the Company agreed to issue and sell to the Underwriters $250,000,000 aggregate principal amount of the Company’s First Mortgage Bonds, 2.10% Series, Due June 15, 2013 (the “Bonds”). The Bonds were issued under the First Mortgage, dated as of August 1, 1936, between the Company and The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”), as amended and supplemented from time to time, including by a Forty-first Supplemental Indenture, dated as of December 17, 2009. In connection with the issuance and sale of the Bonds, the Company is filing the above-described supplemental indenture and underwriting agreement as Exhibits 4.1 and 99.1 to this Form 8-K, respectively.
Item 9.01. Financial Statements and Exhibits.
     (d) Exhibits
     
4.1
  Forty-first Supplemental Indenture, dated as of December 17, 2009 to the First Mortgage, dated as of August 1, 1936, between the Company and the Trustee
 
   
99.1
  Underwriting Agreement, dated December 14, 2009, between the Company and the Underwriters

 


 

SIGNATURES
          Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  DUKE ENERGY OHIO, INC.
 
 
Date: December 18, 2009  By:   /s/ Robert T. Lucas III, Esq.    
    Name:   Robert T. Lucas III, Esq.   
    Title:   Associate General Counsel and Assistant Secretary   

 


 

         
EXHIBIT INDEX
     
Exhibit   Description
 
   
4.1
  Forty-first Supplemental Indenture, dated as of December 17, 2009 to the First Mortgage, dated as of August 1, 1936, between the Company and the Trustee
 
   
99.1
  Underwriting Agreement, dated December 14, 2009, between the Company and the Underwriters