March 4, 2005 Exchange Bulletin Volume 33, Number 9 The Constitution and Rules of the Chicago Options Exchange, Incorporated (“Exchange”), in certain specific instances, require the Exchange to provide notice to the Exchange membership. To satisfy this requirement, a complimentary copy of the Exchange Bulletin, including the Regulatory Bulletin, is delivered to all effective members on a weekly basis. CBOE members are encouraged to receive the Exchange and Regulatory Bulletin and Information Circulars via e-mail. E-mail subscriptions may be obtained by submitting your name, firm, mailing address, e-mail address, and phone number, to members@cboe.com, or, by contacting the Membership Department by phone, at 312-786-7449. There is no charge for e-mail delivery of the Exchange and Regulatory Bulletin or for Information Circulars. If you do sign up for e-mail delivery, please remember to inform the Membership Department of e-mail address changes. Additional subscriptions for hard copy delivery may be obtained by submitting your name, firm, mailing address, e-mail address and telephone number to: Chicago Board Options Exchange, Accounting Department, 400 South LaSalle, Chicago, Illinois 60605, Attention: Bulletin Subscriptions. The cost of an annual subscription (July 1 through June 30) is $200.00 ($100.00 after January 1), payable in advance. The Exchange reserves the right to limit subscriptions by non-members. For up-to-date Seat Market Quotes, refer to CBOE.com and click “Seat Market Information” under the “About CBOE” tab. For access to the CBOE Member Web Site, please also notify the Membership Department using the contact information above. Copyright © 2004 Chicago Board Options Exchange, Incorporated SEAT MARKET QUOTES AS OF FRIDAY, MARCH 4, 2005 CLASS CBOE/FULL CBOT/FULL BID $335,000.00 $1,318,000.00 OFFER $390,000.00 $1,360,000.00 LAST SALE AMOUNT $394,900.00 $1,350,000.00 LAST SALE DATE March 3, 2005 March 3, 2005 MEMBERSHIP SALES AND TRANSFERS From Larkspur Securities, Inc. Edmund Leff Family Ltd. Partnership Isomorphism To SLK-Hull Derivatives LLC Jackson Financial Group Inc. Fugue Price/Transfer $325,000.00 $365,000.00 $394,900.00 Date 3/2/05 3/3/05 3/3/05 Page 2 March 4, 2005 Volume 33, Number 9 Chicago Board Options Exchange MEMBERSHIP INFORMATION FOR 2/24/05 THROUGH 3/2/05 MEMBERSHIP APPLICATIONS RECEIVED FOR WHICH A POSTING PERIOD IS REQUIRED Individual Membership Applicants Date Posted Anna L. Vanes, Lessor 430 Whittier Lane Northfield, IL 60093 2/24/05 Wyatt Unger, Nominee Cutler Group, L.P. 2829 N. Lincoln - #4 Chicago, IL 60657 2/25/05 Steven Lee, Nominee Cutler Group, LP 3723 W. Wallen Lincolnwood, IL 60712 2/25/05 Joseph C. Merrick, Nominee Cutler Group, LP 737 W. Washington Blvd., #1204 Chicago, IL 60661 2/25/05 Douglas P. Underhill, Nominee PFTC LLC 2340 N. Lister - #3 Chicago, IL 60614 2/28/05 Philip J. Fortier, Nominee Equitec Proprietary Markets, LLC 10412 S. Campbell Chicago, IL 60655 2/28/05 Milan-Aleksandar Asanovic, Nominee Timber Hill LLC 600 N. McClurg Ct., Apt. #2901A Chicago, IL 60611 2/28/05 Member Organization Applicants Date Posted Date Posted Edgewater Partners, LLC Craig R. Barone, Nominee 1833 W. Roscoe St. Chicago, IL 60657 David R. Zalesky - Manager/Member Timothy G. Hender – Member Joseph P. Perona – Member Frank W. Tabachka Jr. - Member 2/28/05 FWT Options LLC 2/28/05 Frank W. Tabachka Jr., CBT Registered For 440 S. LaSalle, Ste. 3100 Chicago, IL 60605 Frank W. Tabachka Jr. - Managing Member TRO Trading Group LLC 440 S. LaSalle St. - Suite 2101 Chicago, IL 60605 TRO Investments, LLC – Member TRO Manager LLC – Member Richard A. Lund – Managing Member 2/25/05 Caesaron II Fund LP 2/25/05 Stephen Silberman, Nominee 9464 Beverly Crest Drive Beverly Hills, CA 90210 JS Management LLC - General Partner John I. Silberman – Member Stephen L. Silberman – Member John I. Silberman - Special Partner Stephen L. Silberman - Special Partner Lessor Income Fund E, LLC 270 Grapevine Run Dunwoody, GA 30350 Michael Post - LLC Manager 2/24/05 MEMBERSHIP LEASES Jane Street Options, LLC 3/2/05 Richard Emmet, Nominee 111 Broadway, Ste. 2102 New York, NY 10006 Henry Capital LLC – Member Marc A. Gerstein – Chief of Information Technology Richard S. Emmet - Managing Director Robert A. Granieri - Managing Director Michael A. Jenkins - Managing Director Barry J. Kronemer - CCO/CLO Sandor G. Lehoczky - Managing Director Marc A. Gerstein - Managing Director Jason E. McCarthy - Managing Director Timothy W. Reynolds - Managing Director Brett A. Rogers - Managing Director Ian R. Schaad - Managing Director Jay M. Stone - Chief Operations Officer Maras Trading LLC 2/28/05 Jason S. Maras, CBT Registered For 440 S. LaSalle, Suite 1822 Chicago, IL 60605 Geneva LLC – Member Geneva Derivatives Trading Corp. – Member Gary Silverman – President Daniel Williams - Secretary New Leases Effective Date Lessor: Judd Perlson Lessee: Daniel E. Teuscher Rate: 0.875% Term: Monthly 2/25/05 Lessor: Charles J. Peres Lessee: BOTTA Capital Management LLC David Plandowski, NOMINEE Rate: 0.875% Term: Monthly 2/25/05 Lessor: Diane F. Ianiro Lessee: Joseph Ianiro Rate: $1.00 2/28/05 Term: 1 Day Lessor: Arlene Weinstein Lessee: Wellington Capital Markets, LLC Keir S. Collins, NOMINEE Rate: 0.8281% Term: Monthly 3/1/05 Lessor: Kam Partners Lessee: TBMP, LLC Michael T. Kalchbrenner, NOMINEE Rate: 0.875% Term: Monthly 3/1/05 Lessor: Diane F. Ianiro Lessee: Andrew J. Ianiro Rate: 0.75% Term: Monthly 3/1/05 Lessor: Arthur M. Pearson Lessee: Sparta Group Of Chicago, LP Derek J. Schoonhoven, NOMINEE Rate: 0.75% Term: Monthly 3/1/05 Page 3 March 4, 2005 Volume 33, Number 9 Chicago Board Options Exchange Effective Date Lessor: Hartz Construction Company, Inc. Lessee: SPO II LLC Mark A. Esposito, NOMINEE Rate: 0.875% Term: Monthly 3/1/05 Lessor: Richard B. Weininger Lessee: Lighthouse Trading, LLC Yaron Kim, NOMINEE Rate: 0.75% Term: Monthly 3/1/05 Lessor: First Clearing, LLC Lessee: Wachovia Securities, LLC Henry G. Nothnagel, NOMINEE Rate: 0.875% Term: Monthly 3/1/05 Termination Date Lessor: Arlene Weinstein Lessee: Ronin Capital, LLC Steven Zader (SDR), NOMINEE 3/1/05 Lessor: First Clearing, LLC 3/1/05 Lessee: Wachovia Securities, LLC Henry G. Nothnagel (HGN), NOMINEE Lessor: Citadel Derivatives Group LLC Lessee: Stuartt R. Kammer (KAM) 3/1/05 Lessor: First Clearing, LLC 3/1/05 Lessee: Merrill Lynch, Pierce, Fenner & Smith, Inc. Antanas Siurna (TON), NOMINEE Lessor: First Clearing, LLC 3/1/05 Lessee: Merrill Lynch, Pierce, Fenner & Smith, Inc. Antanas Siurna, NOMINEE Rate: 0.875% Term: Monthly MEMBERSHIP TERMINATIONS Lessor: Hugh P. Nunnally Lessee: Sparta Group Of Chicago, LP Shaun M. Williams, NOMINEE Rate: 0.8281% Term: Monthly 3/1/05 CBT Exercisers: Termination Date Chad R. Gramann (CEG) 230 S. LaSalle - Ste. 688 Chicago, IL 60604 3/1/05 Lessor: Peter C. Lutz Lessee: X-Change Financial Access LLC Salvatore J. Aiello, NOMINEE Rate: 0.875% Term: Monthly 3/1/05 Donald E. Meyer (EYE) 10530 Shelley Ct. Woodstock, IL 60098 3/1/05 Terminated Leases Termination Date Lessee(s): Termination Date Andrew J. Ianiro (NDY) 1455 W. Belden Chicago, IL 60614 2/28/05 Stuartt R. Kammer (KAM) 175 N. Harbor, #2212 Chicago, IL 60601 3/1/05 Nominee(s) / Inactive Nominee(s): Termination Date Jeffrey J. Herter (JXH) ROQ Capital, LLC 30 S. Wacker, Ste. 1111 Chicago, IL 60604 2/24/05 Timothy A. Kirchner (KXR) ROQ Capital, LLC 2121 N. Racine Chicago, IL 60614 2/24/05 Kristofor T. Anderson (KTA) ROQ Capital, LLC 30 S. Wacker Dr., Ste. 2009 Chicago, IL 60606 2/24/05 Paul E. Stone (SNE) TBMP, LLC 175 W. Jackson Chicago, IL 60604 2/24/05 Donald F. Pratl (DNN) Merrill Lynch, Pierce, Fenner & Smith, Inc. 400 S. LaSalle - CBOE Box #99 Chicago, IL 60605 2/24/05 Robert M. Barry (GVR) GVR Company LLC 1436 W. Warner, #2W Chicago, IL 60613 2/28/05 Derek J. Schoonhoven (DKS) Tradelink LLC 440 South LaSalle - Suite 2101 Chicago, IL 60606 2/28/05 Lessor: JRG Enterprises, Inc Lessee: Cutler Group, LP 2/24/05 Lessor: Judd Perlson 2/25/05 Lessee: BOTTA Capital Management LLC Daniel E. Teuscher (DAT), NOMINEE Lessor: Arthur M. Pearson Lessee: GVR Company LLC Robert M. Barry (GVR), NOMINEE 2/28/05 Lessor: Diane F. Ianiro Lessee: Andrew J. Ianiro (NDY) 2/28/05 Lessor: Kam Partners Lessee: Quiet Light Securities LLC 3/1/05 Lessor: UBS Financial Services, Inc. Lessee: Cornerstone Partners 3/1/05 Lessor: KISAY 1, LP Lessee: Specialists DPM, LLC Scott D. Force (SKT), NOMINEE 3/1/05 Lessor: Peter C. Lutz Lessee: K & S Trading, LP John S. Barnes (SQD), NOMINEE 3/1/05 Lessor: Hugh P. Nunnally 3/1/05 Lessee: Bear Wagner Specialists LLC Shaun M. Williams (AUS), NOMINEE Lessor: Diane F. Ianiro Lessee: Joseph Ianiro (JII) 3/1/05 Lessor: Richard B. Weininger Lessee: SPO II LLC Mark A. Esposito (SPO), NOMINEE 3/1/05 Lessor: Essex Radez, LLC Lessee: Red Cedar Trading LLC Scott A. Resnick (LJS), NOMINEE 3/1/05 Individual Members Page 4 March 4, 2005 Volume 33, Number 9 Chicago Board Options Exchange Effective Date Termination Date Salvatore J. Aiello (ILO) Citigroup Global Markets Inc. 440 S. LaSalle, 39th Floor Chicago, IL 60605 2/28/05 William S. Menden (WSM) PFTC LLC 440 S. LaSalle Ste. 3100 Chicago, IL 60605 3/1/05 Charles L. Roth (CTR) Ronin Capital, LLC 230 S. LaSalle, Suite 4000 Chicago, IL 60604 3/1/05 Scott Billington (SSB) Ronin Capital, LLC 230 S. LaSalle St., 4th floor Chicago, IL 60604 3/1/05 Derek J. Schoonhoven (DKS) Tradelink LLC 440 South LaSalle - Suite 2101 Chicago, IL 60606 3/1/05 Phillip Dop (DOP) Consolidated Trading, LLC 601 S. LaSalle - Suite 200 Chicago, IL 60605 3/2/05 William Ulivieri (YEA) Equitec Proprietary Markets, LLC 111 W. Jackson - 20th Fl. Chicago, IL 60604 3/2/05 Arthur B. Gregory (RTB) Consolidated Trading, LLC 601 S. LaSalle, Ste. 200 Chicago, IL 60605 3/2/05 Greg Smith (SMH) Robert C. Sheehan & Associates, LLC 141 W. Jackson - Suite 3510 Chicago, IL 60606 3/2/05 Heath H. Gerdes (HTH) 3/1/05 Sparta Group Of Chicago, LP 440 S. LaSalle, #2101 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Lessee(s): Member Organizations Lessee(s): Termination Date GVR Company LLC 440 S. LaSalle, #3030 Chicago, IL 60605 2/28/05 Effective Date Andrew J. Ianiro (NDY) 3/1/05 1455 W. Belden Chicago, IL 60614 Type of Business to be Conducted: Market Maker Nominee(s) / Inactive Nominee(s): Effective Date David Plandowski (DXP) 2/25/05 BOTTA Capital Management LLC 440 S. LaSalle Street, Suite 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Paul E. Stone (SNE) 2/28/05 TBMP, LLC 175 W. Jackson Chicago, IL 60604 Type of Business to be Conducted: Market Maker Keir S. Collins (KIR) 3/1/05 Wellington Capital Markets, LLC 440 S. LaSalle, Ste. 2910 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Derek J. Schoonhoven (DKS) 3/1/05 Sparta Group Of Chicago, LP 440 South LaSalle - Suite 2101 Chicago, IL 60606 Type of Business to be Conducted: Market Maker Yaron Kim (YPR) 3/1/05 Lighthouse Trading, LLC 440 S. LaSalle, 16th Floor Chicago, IL 60605 Type of Business to be Conducted: Market Maker Christopher M. Wheaton (WTS) 3/1/05 Christopher M. Wheaton Inc. 1909 W. Nelson Chicago, IL 60657 Type of Business to be Conducted: Market Maker EFFECTIVE MEMBERSHIPS Individual Members CBT Registered For: Cem A. Karsan (JEM) 3/1/05 Sparta Group Of Chicago, LP 440 S. LaSalle, Ste. 2101 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Effective Date Jonathan S. Grabill (JSG) 3/1/05 SMC Option Management LLC 440 S. LaSalle, 19th Floor Chicago, IL 60605 Type of Business to be Conducted: Market Maker Andrew M. Sullivan (DRU) 3/1/05 G-Bar Limited Partnership 440 S. LaSalle - Ste. 650 Chicago, IL 60605 Type of Business to be Conducted: Market Maker/Floor Broker Salvatore J. Aiello (ILO) 3/1/05 X-Change Financial Access LLC 440 S. LaSalle, 39th Floor Chicago, IL 60605 Type of Business to be Conducted: Floor Broker Amar P. Bagwe (AMR) 3/2/05 Sparta Group Of Chicago, LP 212 W. Washington, Unit 1107 Chicago, IL 60606 Type of Business to be Conducted: Market Maker Norman F. Anderson (AND) 3/2/05 Equitec Proprietary Markets, LLC 25655 Shedley Road Minooka, IL 60447 Type of Business to be Conducted: Market Maker/Floor Broker Page 5 March 4, 2005 Volume 33, Number 9 Member Organizations Lessee(s): Effective Date Lighthouse Trading, LLC 3/1/05 435 W. Erie St., Apt. 2003 Chicago, IL 60610 Type of Business to be Conducted: Market Maker JOINT ACCOUNTS Chicago Board Options Exchange Terminated Participants Acronym Termination Date Charles L. Roth QTW 3/1/05 Shaun M. Williams QWS 3/1/05 Scott Billington QRH 3/1/05 Phillip Dop QCC 3/2/05 Phillip Dop QZY 3/2/05 New Participants Acronym Effective Date Phillip Dop QRI 3/2/05 Scott A. Adams QBH 2/25/05 Arthur B. Gregory QCC 3/2/05 Scott A. Adams QMS 2/25/05 Arthur B. Gregory QRI 3/2/05 David Plandowski QEK 2/25/05 Arthur B. Gregory QZY 3/2/05 Keir S. Collins QWC 3/1/05 CHANGES IN MEMBERSHIP STATUS Andrew M. Sullivan QYA 3/1/05 Individual Members Andrew B. Levin QGT 3/2/05 Andrew B. Levin QCT 3/2/05 Ted A. Fried 2/24/05 From: Lessor To: Lessor/Nominee For TBMP, LLC; Market Maker Joseph F. Landy III QCT 3/2/05 Patrick C. Schiltz QQT 3/2/05 Amar P. Bagwe QUB 3/2/05 New Accounts Acronym Effective Date Heath H. Gerdes QUB 3/1/05 Cem A. Karsan QUB 3/1/05 Derek J. Schoonhoven QUB 3/1/05 Shaun M. Williams QUB 3/1/05 Eric A. Conlon QKU 3/1/05 Jonathan S. Grabill QKU 3/1/05 Thomas R. Prainito QKU 3/1/05 Effective Date Daniel E. Teuscher 2/25/05 From: Nominee For BOTTA Capital Management LLC; Market Maker To: Lessee; Market Maker Ted A. Fried 2/28/05 From: Lessor/ Nominee For TBMP, LLC; Market Maker To: Lessor Joseph Ianiro From: Lessor To: Lessee/ Lessor; Market Maker 2/28/05 Scott A. Resnick 3/1/05 From: Nominee For Red Cedar Trading LLC; Market Maker/ Floor Broker To: CBT Registered For Red Cedar Trading LLC; Market Maker/ Floor Broker Scott D. Force 3/1/05 From: Nominee For Specialists DPM, LLC; Market Maker To: CBT Registered For Specialists DPM, LLC; Market Maker Terminated Participants Acronym Termination Date Jeffrey J. Herter QXL 2/24/05 Timothy A. Kirchner QXL 2/24/05 Kristofor T. Anderson QXL 2/24/05 Daniel E. Teuscher QBL 2/25/05 Daniel E. Teuscher QBX 2/25/05 Daniel E. Teuscher QNK 2/25/05 Daniel E. Teuscher QSK 2/25/05 Joseph Ianiro From: Lessee/ Lessor; Market Maker To: Lessor Derek J. Schoonhoven QSO 2/28/05 *************Correction to Bulletin Dated 2/25/05************** William S. Menden QPT 3/1/05 Paul A. Robinson QRH 3/1/05 Paul A. Robinson QCD 3/1/05 John H. Superson 2/22/05 From: Nominee For Group One Trading, LP; Market Maker To: Nominee For Group One Trading, LP; Market Maker/ Floor Broker Shaun M. Williams 3/1/05 From: Nominee For Bear Wagner Specialists LLC; Market Maker To: Nominee For Sparta Group Of Chicago, LP; Market Maker Michael T. Kalchbrenner 3/1/05 From: CBT Registered For TBMP, LLC; Market Maker To: Nominee For TBMP, LLC; Market Maker 3/1/05 Page 6 March 4, 2005 Member Organizations Volume 33, Number 9 Chicago Board Options Exchange Effective Date Effective Date Specialists DPM, LLC 3/1/05 From: Lessee; Associated with a Market Maker/ Floor Broker To: Lessee/ Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker/ Floor Broker Red Cedar Trading LLC 3/1/05 From: Owner/ Lessee; Associated with a Market Maker/ Floor Broker To: Owner/ Lessee/ Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker/ Floor Broker MEB Options, Inc. 3/1/05 From: Lessee; Associated with a Floor Broker To: Lessee/ Non-Member Customer Business; Associated with a Floor Broker Christopher M. Wheaton Inc. 3/1/05 From: Lessor/Lessee; Associated with a Market Maker To: Owner; Associated with a Market Maker MEMBER ADDRESS CHANGES Individual Members Effective Date Daniel E. Moriarty 790 Sumac Lane Winnetka, IL 60093 2/28/05 Member Organizations Effective Date Tallman Options, Inc 1616 Sheridan Road Willmette, IL 60091 2/28/05 POSITION LIMIT CIRCULARS Pursuant to Exchange Rule 4.11, the Exchange issued the below listed Position Limit Circulars between February 24 and March 4, 2005. The complete circulars are available from the Department of Market Regulation, in the data information bins on the 2nd Floor of the Exchange, and on the CBOE website at cboe.com under the “Market Data” tab. To receive regular updates of the position limit list via fax, contact Candice Nickrand at (312) 786-7730. Questions concerning position and exercise limits may be directed to the Department of Market Regulation to Rich Pedraza at (312) 786-7077 or Tim Mac Donald at (312) 786-7706. Position Limit Circular PL05-08 This is to advise the members and member organizations of the following regulatory circular. REGULATORY CIRCULAR RG05-26 February 24, 2005 Position and Exercise Limits Position Limit Circular PL05-09 February 25, 2005 Revision to Apple Computer, Inc. (“AAPL/AAQ/QAA/WAA/YHC/VAA/OBR”) Adjusted and Standard Position and Exercise Limits reflected in Research Circular #RS05-110 2-for-1 Stock Split Ex-Distribution Date: February 28, 2005 Position Limit Circular PL05-010 February 25, 2005 Revision to Henry Schein, Inc. (“HSIC/HQE/YUH/OLF”) Adjusted and Standard Position and Exercise Limits reflected in Research Circular #RS05-081 2-for-1 Stock Split Ex-Distribution Date: March 1, 2005 Position Limit Circular PL05-011 February 25, 2005 Revision to Astoria Financial Corporation (“AF”) Adjusted and Standard Position and Exercise Limits reflected in Research Circular #RS05-090 3-for-2 Stock Split Ex-Distribution Date: March 2, 2005 Position Limit Circular PL05-012 February 25, 2005 Revision to EOG Resources, Inc. (“EOG/YBK/OAC”) Adjusted and Standard Position and Exercise Limits reflected in Research Circular #RS05-093 2-for-1 Stock Split Ex-Distribution Date: March 2, 2005 Position Limit Circular PL05-13 March 4, 2005 Equity Position and Exercise Limits will be decreased to a Lower Tier Limit Effective March 21, 2005 Page 7 March 4, 2005 Volume 33, Number 9 Chicago Board Options Exchange RESEARCH CIRCULARS The following Research Circulars were distributed between February 24 and March 1, 2005. If you wish to read the entire document, please refer to the CBOE website at www.cboe.com and click on the “Trading Tools” Tab. New listings and series information is also available in the Trading Tools section of the website. For questions regarding information discussed in a Research Circular, please call The Options Clearing Corporation at 1-888-OPTIONS. Research Circular #RS05-117 February 24, 2005 Resources Connection, Inc. (“RECN/JUJ”) 2-for-1 Stock Split Ex-Distribution Date: March 2, 2005 Research Circular #RS05-121 March 1, 2005 Commerce Bancorp, Inc. (“CBH/WDE/OUD”) 2-for-1 Stock Split Ex-Distribution Date: March 8, 2005 Research Circular #RS05-119 February 25, 2005 *****UPDATE*****UPDATE*****UPDATE***** Caesars Entertainment, Inc. (“CZR/YVK/ODL”) Proposed Election Merger with Harrah’s Entertainment, Inc. (“HET/WBI/VKH”) Research Circular #RS05-122 March 1, 2005 Frontline Ltd. (“FRO & adj. AFZ/JVU/FMZ”) Distribution of Shares of Ship Finance International Limited (“SFL”) Ex-Distribution Date: March 9, 2005 Research Circular #RS05-120 March 1, 2005 American Eagle Outfitters, Inc. (“AEOS/AQU/WXD/VXX”) 2-for-1 Stock Split Ex-Distribution Date: March 8, 2005 Research Circular #RS05-124 March 1, 2005 Penn National Gaming, Inc. (“PENN/UQN”) 2-for-1 Stock Split Ex-Distribution Date: March 8, 2005 March 9, 2005 Volume RB16, Number 10 Regulatory Bulletin The Constitution and Rules of the Chicago Board Options Exchange, Incorporated (“Exchange”), in certain specific instances, require the Exchange to provide notice to the membership. The weekly Regulatory Bulletin is delivered to all effective members to satisfy this requirement. Copyright © 2004 Chicago Board Options Exchange, Incorporated Regulatory Circulars Regulatory Circular RG05-26 Date: February 24, 2005 To: Members and Member Organizations From: Department of Market Regulation Re: Position and Exercise Limits Effective today, for a pilot program period of six (6) months beginning February 23, 2005 the standard position and exercise limits as provided under Exchange Rule 4.11, Interpretation and Policy .02 to Rule 4.11, and Rule 4.12 will be increased from their current levels of 13,500, 22,500, 31,500, 60,000, and 75,000 contracts to 25,000, 50,000, 75,000, 200,000, and 250,000 contracts, respectively. During this same period, the standard position and exercise limit for options on the Nasdaq-100 Index Tracking Stock (“QQQQ”) shall be increased from 300,000 contracts to 900,000 contracts. Prior to the conclusion of the pilot program period, the Exchange may request an extension of the pilot program. Additionally, a new qualified equity hedge exemption may be employed for “reverse collars”, in which a long call position is accompanied by a short put position where the long call expires with the short put and the strike price of the long call equals or exceeds the short put and where each long call and short put position is hedged with 100 shares of the underlying security (or other adjusted number of shares). Neither side of the long call, short put position can be in-the-money at the time the position is established. Any questions concerning position and exercise limits should be directed to Tim MacDonald at (312) 786-7706 or Jim Flynn at (312) 786-7070. Regulatory Circular RG05-27 Date: February 28, 2005 To: The Membership From: Financial Planning Committee Subject: Fee Reductions for March 2005 CBOE averaged approximately 1,475,000 contracts per day (CPD) during the period July 2004 through February 2005. Per the Prospective Fee Reduction Program, Market-Maker and DPM transaction fees and floor brokerage fees will be reduced by 15% per contract from standard rates during March 2005 (equal to February 2005 discounts). Regulatory Circulars continued Regulatory Circular RG05-27 continued Fee Equities Market-Maker Trans. Fee Equities DPM Trans. Fee QQQQ, SPY & Indexes Mrkt. Maker/DPM Trans. Fee (1) Floor Brokerage Fee Standard Rate March ‘05 Rate 22 cents 12 cents 24 cents 18.7 cents 10.2 cents 20.4 cents 4 cents (1) 3.4 cents (1) Above rates exclude a license fee surcharge for the following products: • Dow Jones indexes, MNX and NDX – 10 cents • Russell 2000 (RUT) cash settled index – 40 cents Please call Ermer Love (312-786-7032) or Don Patton (312-786-7026) if you have any questions. Regulatory Circular RG05-28 Date: March 1, 2005 To: Members and Member Firms From: Market Operations Department Re: Restrictions on Transactions in Ultimate Electronics Inc. (ULTEQ/QTQ) Ultimate Electronics Inc. (ULTEQ) said in a regulatory filing that Nasdaq has delisted the company’s securities. The company, which has been operating under Chapter 11 bankruptcy protection since Jan. 11, 2005 said in a Form 8-K submitted to the Securities and Exchange Commission that the exchange denied its request for continued trading status. As of March 1, 2005 trading on CBOE in existing series of QTQ options will be subject to the following restrictions. Only closing transactions may be affected in any series of QTQ options except for (i) opening transactions by Market-Makers executed to accommodate closing transactions of other market participants and (ii) opening transactions by CBOE member organizations to facilitate the closing transactions of public customers executed as crosses pursuant to and in accordance with CBOE Rule 6.74(b) or (d). The execution of opening transactions in QTQ options, except as permitted above, and/or the misrepresentation as to whether an order is opening or closing, will constitute a violation of CBOE rules, and may result in disciplinary action. Member organizations should ensure that they have appropriate procedures in place to prevent their customers from entering opening orders in this restricted option class. There are no restrictions in place with respect to the exercise of QTQ options. The provisions of this circular apply to any options on Ultimate Electronics Inc. traded on CBOE. Any questions regarding this circular may directed to Kerry Winters at (312) 786-7312 or Joanne Heenan-Hustad at (312) 786-7786. RB2 March 9, 2005, Volume RB16, Number 10 Regulatory Circulars continued Regulatory Circular RG05-29 (revised) To: Members and Member Firms From: Index and SPY Floor Procedure Committees Date: March 1, 2005 Re: Changes to Order Routing Parameters and Autobook Timer at Hybrid Index DPM Locations The Index and SPY Floor Procedure Committees have determined that the following changes to order routing parameters and the Autobook timer will be effective immediately in all DPM PARs in all Hybrid Index DPM locations: Order Routing Changes: All non-marketable ORS orders with C, F, and B origin, unless otherwise directed by the entering firm, will route directly to the book, bypassing PAR. Autobook: For any book-eligible orders that route to PAR, the Autobook timer will be reduced from the current length of 5-seconds to 1-second. An order will not auto-book if… • • • • The order contains an “X” in the first position of the CORRESpondent field. At the direction of the client, member firm staff may enter the “X” in the CORRESpondent field on the BERS template to prevent auto-booking. The order is entered from FBW using the <CROWD/NO BOOK> destination. The order contains any contingency. The order has a non-customer origin. General questions regarding this matter may be directed to Anthony Montesano at (312) 786-7365 or any member of the Committee. Regulatory Circular RG05-30 To: Membership From: Market Performance Committee Date: March 1, 2005 Re: The new “SizeQuote” Mechanism The SEC approved CBOE’s SizeQuote Mechanism, a process by which a floor broker (FB) may execute and facilitate large-sized orders in open outcry. The SizeQuote procedure works as follows: 1. A FB holding an order for at least 250-contracts must specifically request a SizeQuote from in-crowd market participants (“ICMPs”). ICMPs may respond with indications of the price and size at which they would be willing to trade with a SizeQuote order. ICMPs only have one opportunity to respond and are obligated to respond with a legal width quote for at least ten contracts. 2. After ICMPs have been given the opportunity to respond, the FB must execute the entire SizeQuote order either with ICMPs or with a facilitation order, or both, in accordance with the following procedures: March 9, 2005, Volume RB16, Number 10 RB3 Regulatory Circulars continued Regulatory Circular RG05-30 continued A. Executing the Order at ICMP’s Best Price: ICMPs that provided SizeQuote responses at the highest bid or lowest offer (“best price”) have priority to trade at the best price. Allocation of the order among ICMPs is prorata, up to the size of each ICMP’s response. The FB must trade at the best price any contracts remaining in the original SizeQuote Order that were not executed by ICMPs. B. Executing the Order at a Price that Betters the ICMP’s Price by One Tick: ICMPs that provided SizeQuote responses at the best price (“eligible ICMPs”) have priority to trade with the SizeQuote Order at a price equal to one trading increment better than the best price (“improved best price”). Allocation of the order among eligible ICMPs at the improved best price shall be prorata. The FB must trade at the improved best price any contracts remaining in the original SizeQuote Order that were not executed by eligible ICMPs. C. Trading at a Price that Betters the ICMP’s Price by More than One Tick: A FB may execute the entire SizeQuote order at a price two trading increments better than the best price communicated by the ICMPs in their responses to the SizeQuote request. Executions at NBBO: Unless a SizeQuote request is properly canceled, a FB must execute the entire SizeQuote order at a price that is not inferior to the NBBO, even in situations where there are no SizeQuote responses received or where such responses are inferior to the NBBO. Canceling a SizeQuote Request: It will be a violation of a FB’s duty of best execution to its customer if it were to cancel a SizeQuote order to avoid execution at a better price. Use of the SizeQuote Mechanism does not alter a FB’s best execution duty to get the best price for its customer. A SizeQuote request can be canceled prior to the receipt of responses. Once the FB receives a response to the SizeQuote request, if he/she were to cancel the order and then subsequently attempt to execute the order at an inferior price to the previous SizeQuote response, there would be a presumption that the FB did so to avoid execution of its customer order in whole or in part by others at the better price. Questions regarding this circular should be addressed to any member of MPC or to Steve Youhn at (312) 786-7416. RB4 March 9, 2005, Volume RB16, Number 10 Rule Changes, Interpretations and Policies APPROVED RULE CHANGES The Securities and Exchange Commission (“SEC”) has approved the following change(s) to Exchange Rules pursuant to Section 19(b) of the Securities Exchange Act of 1934, as amended (“the Act”). Copies are available on the CBOE public website at www.cboe.com/ legal/effectivefiling.aspx. The effective date of the rule change is the date of approval unless otherwise noted. SR-CBOE-2003-30 Position Limit Increases for Equity Options and Options on QQQQ On February 23, 2005, the SEC approved Rule Change File No. SR-CBOE-2003-30, which filing increases position limits for equity options and options on the Nasdaq-100 Index Tracking Stock (QQQQ) (Securities Exchange Act Release No. 51244, 70 FR 10010 (March 1, 2005)). Any questions regarding the rule change may be directed to Jim Flynn, Legal Division, at 312-786-7070. The text of the amended rules is set forth below. New language is italicized. Rule 4.11 - Position Limits Except with the prior permission of the President or his designee, to be confirmed in writing, no member shall make, for any account in which it has an interest or for the account of any customer, an opening transaction on any exchange if the member has reason to believe that as a result of such transaction the member or its customer would, acting alone or in concert with others, directly or indirectly, (a) control an aggregate position in an option contract dealt in on the Exchange in excess of 13,500 or 22,500 or 31,500 or 60,000 or 75,000 option contracts (whether long or short), except that for a pilot program period of 6 months (“Rule 4.11 Pilot Program Period”) from February 23, 2005 through August 23, 2005, the position limits shall be 25,000 or 50,000 or 75,000 or 200,000 or 250,000 option contracts (whether long or short), of the put type and the call type on the same side of the market respecting the same underlying security, combining for purposes of this position limit long positions in put options with short positions in call options, and short positions in put options with long positions in call options, or such other number of option contracts as may be fixed from time to time by the Exchange as the position limit for one or more classes or series of options, or (b) exceed the applicable position limit fixed from time to time by another exchange for an option contract not dealt in on the Exchange, when the member is not a member of the other exchange on which the transaction was effected. In addition, should a member have reason to believe that a position in any account in which it has an interest or for the account of any customer is in excess of the applicable limit, such member shall promptly take the action necessary to bring the position into compliance. Reasonable notice shall be given of each new position limit fixed by the Exchange, by publicly posting notice thereof. Limits shall be determined in the manner described in Interpretations .02 and .04 below. ... Interpretations and Policies: .01 March 9, 2005, Volume RB16, Number 10 No change. RB5 Rule Changes, Interpretations and Policies continued SR-CBOE-2003-30 continued .02 The 13,500 option contract limit (or 25,000 option contract limit during the 4.11 Pilot Program Period) applies to those options having an underlying security that does not meet the requirements for a higher option contract limit. To be eligible for the 22,500-contract limit (or 50,000 option contract limit during the 4.11 Pilot Program Period), either the most recent six-month trading volume of the underlying security must have totaled at least 20,000,000 shares; or the most recent sixmonth trading volume of the underlying security must have totaled at least 15,000,000 shares and the underlying security must have at least 40,000,000 shares currently outstanding. To be eligible for the 31,500-contract limit (or 75,000 option contract limit during the 4.11 Pilot Program Period), either the most recent six-month trading volume of the underlying security must have totaled at least 40,000,000 shares; or the most recent six-month trading volume of the underlying security must have totaled at least 30,000,000 shares and the underlying security must have at least 120,000,000 shares currently outstanding. To be eligible for the 60,000-contract limit (or 200,000 option contract limit during the 4.11 Pilot Program Period), either the most recent six-month trading volume of the underlying security must have totaled at least 80,000,000 shares; or the most recent sixmonth trading volume of the underlying security must have totaled at least 60,000,000 shares and the underlying security must have at least 240,000,000 shares currently outstanding. To be eligible for the 75,000-contract limit (or 250,000 option contract limit during the 4.11 Pilot Program Period), either the most recent six-month trading volume of the underlying security must have totaled at least 100,000,000 shares; or the most recent six-month trading volume of the underlying security must have totaled at least 75,000,000 shares and the underlying security must have at least 300,000,000 shares currently outstanding. Every six months, the Exchange will review the status of underlying securities to determine which limit should apply. A higher limit will be effective on the date set by the Exchange, while any change to a lower limit will take effect after the last expiration then trading, unless the requirement for the same or a higher limit is met at the time of the intervening six-month review. However, if subsequent to a six-month review, an increase in volume and/or outstanding shares would make a stock eligible for a higher position limit prior to the next review, the Exchange in its discretion may immediately increase such position limit. .03 No change. .04 Equity Hedge Exemption (a) No change. (1) – (4) No change. (5) A long call position accompanied by a short put position where the long call expires with the short put and the strike price of the long call equals or exceeds the short put and where each long call and short put position is hedged with 100 shares of the underlying security (or other adjusted number of shares). Neither side of the long call, short put position can be in-the-money at the time the position is established (“reverse collar”). (6) No change. (7) No change. (8) For those strategies described under (2), (3), (4), and (5) above, one component of the option strategy can be an OTC option contract guaranteed or endorsed by the firm maintaining the proprietary position or carrying the customer account. RB6 March 9, 2005, Volume RB16, Number 10 OE-2005-12 continued Rule Changes, Interpretations and Policies continued SR-CBOE-2003-30 continued (9) An OTC option contract is defined as an option contract that is not listed on a National Securities Exchange or cleared at the Options Clearing Corporation. (b) The equity hedge exemption is in addition to the standard limit and other exemptions available under Exchange rules, interpretations and policies. ***** .05 No change. .06 No change. (a) The member organization must receive approval from the Exemption Committee prior to executing facilitating trades. The facilitation exemption shall be granted to the member organization owning or controlling the account in which the exempt option positions are held. For purposes of this Interpretation .06, control shall be determined in accordance with the provision of Interpretation .03 to Rule 4.11. Exchange approval may be given on the basis of verbal representations, in which event the member organization shall, within a period of time to be designated by the Exchange, furnish the Department of Market Regulation with appropriate forms and documentation substantiating the basis for the exemption. The approval for the facilitation exemption will specify the maximum number of contracts that may be exempt under this Interpretation. In no event may the aggregate exempted position under this Interpretation and Policy .06 exceed the number of contracts specified in the table as follows: OPTION TYPE FIRM FACILITATION EXEMPTION (is in addition to standard limit) Equity 2 x applicable standard limit Broad-based index (other than DJX, OEX or SPX) 2 x standard overall limit Narrow-based (industry or sector) index 2 x applicable standard limit Flexible Exchange (FLEX) 2 x FLEX standard limit Interest rate 3 x standard limit Government securities 2 x standard limit value EXAMPLE: If a firm desires to facilitate customer order(s) in the XYZ option class, which is assumed to be a in a non–multiply listed class of options with a 50,000 contract standard position limit, the firm may qualify for a firm facilitation exemption of up to twice the standard limit or 100,000 contracts. The facilitation exemption is in addition to the standard limit and other exemptions available under exchange rules, interpretations and policies. A member organization so approved is hereinafter referred to as a “facilitation firm”. (b) – (f) March 9, 2005, Volume RB16, Number 10 No change. RB7 Rule Changes, Interpretations and Policies continued SR-CBOE-2003-30 continued .07 The position limits under Rule 4.11 applicable to options on shares or other securities that represent interest in registered interests in registered investment companies (or series thereof) organized as open-end management investment companies, unit investment trusts or similar entities that satisfy the criteria set forth in Interpretation and Policy .06 under Rule 5.3 shall be the same as the position limits applicable to equity options under Rule 4.11 and Interpretations and Policies thereunder. The position limits under Rule 4.11 applicable to options on the Nasdaq-100 Index Tracking StockSM (“QQQQ”) and the DIAMONDS Trust (DIA) shall be 300,000 option contracts, except that during the 4.11 Pilot Program Period the position limit on the QQQQ shall be 900,000 contracts. ***** Rule 4.12 Exercise Limits Rule 4.12. Except with the prior permission of the President or his designee, to be confirmed in writing, no member shall exercise, for any account in which it has an interest or for the account of any customer, a long position in any option contract where such member or customer, acting alone or in concert with others, directly or indirectly, (a) has or will have exercised within any five consecutive business days aggregate long positions in any class of options dealt in on the Exchange in excess of 13,500 or 22,500 or 31,500 or 60,000, or 75,000 option contracts, except that during the 4.11 Pilot Program Period the exercise limits shall be 25,000 or 50,000 or 75,000 or 200,000 or 250,000 option contracts, or such other number of options contracts as may be fixed from time to time by the Exchange as the exercise limit for that class of options, or (b) has or will have exceeded the applicable exercise limit fixed from time to time by another exchange for an option class not dealt in on the Exchange, when the member is not a member of the other exchange which lists the option class. Reasonable notice shall be given of each new exercise limit fixed by the Exchange by publicly posting notice thereof. Limits shall be determined in the manner described in Interpretation .02 or in the case of a hedged position Interpretation .04 to Rule 4.11 or in the case of facilitation exempted position in accordance with Interpretation .06 to Rule 4.11. Whether option positions should be aggregated under this rule shall be determined in the manner described in Interpretation .03 to Exchange Rule 4.11. …Interpretations and Policies: .01 - .02 No change. SR-CBOE-2004-89 Reduced-Value Options on the Russell 2000 Index On February 17, 2005, the SEC approved Rule Change File No. SR-CBOE-2004-89, which filing allows the CBOE to list and trade reduced-value options (1/5th and 1/10th values) on the Russell 2000 index (Securities Exchange Act Release No. 51220, 70 FR 9398 (February 25, 2005)). Any questions regarding the rule change may be directed to Jim Flynn, Legal Division, at 312-786-7070. The text of the amended rules is set forth below. New language is italicized. Rule 24.4 – Position Limits for Broad-Based Index Options Rule 24.4 (a) In determining compliance with Rule 4.11, there shall be no position limit for broad based-index option contracts on the DJX, OEX and SPX classes. All other broad based-index option contracts shall be subject to a contract limitation fixed by the Exchange, which shall not be larger than the limits provided in the chart below. RB8 March 9, 2005, Volume RB16, Number 10 Rule Changes, Interpretations and Policies continued SR-CBOE-2004-89 continued BROAD-BASED INDEX OPTION TYPE STANDARD LIMIT (on the same side of the market) RESTRICTIONS Nasdaq 100 Index (1/10th) (MNX) 750,000 None Nasdaq 100 Index (1/10th) (NDX) 75,000 None Russell 2000 Index (1/10th) 500,000 no more than 300,000 near-term Dow Jones Equity REIT Index 250,000 contracts None Russell 2000 Index (1/5th) 250,000 contracts no more than 150,000 near-term Lipper Analytical/Salomon Bros. Growth Fund Index Lipper Analytical/Salomon Bros. Growth and Income Fund Index 75,000 contracts no more than 50,000 near-term S&P 500/Barra Growth or Value 36,000 contracts in the aggregate no more than 21,500 near-term S&P SmallCap 600 GSTI Composite 100,000 contracts no more than 60,000 near-term Russell 2000 Russell 1000 Russell 1000 Growth Russell 1000 Value Russell 2000 Growth Russell 2000 Value Russell 3000 Russell 3000 Growth Russell 3000 Value Russell Midcap Russell Midcap Growth Russell Midcap Value Russell Top 200 Index Russell Top 200 Growth Index Russell Top 200 Value Index Mexico 30 Index Germany 25 Morgan Stanley Multinational Company Index CBOE Euro 25 Index CBOE Asian 25 Index 50,000 contracts no more than 30,000 near-term Reduced Value NYSE Composite 45,000 contracts no more than 25,000 near-term Other broad-based index 25,000 contracts no more than 15,000 near-term (b) - (c) No change. (d) Positions in reduced-value index options shall be aggregated with positions in full-value indices. For example, if an index is reduced by one-tenth, ten (10) reduced-value contracts shall equal one contract. If an index is reduced by onefifth, five (5) reduced-value contracts shall equal one contract. . . . Interpretations and Policies: .01 Broad-based Index Hedge Exemption March 9, 2005, Volume RB16, Number 10 RB9 Rule Changes, Interpretations and Policies continued SR-CBOE-2004-89 continued The broad-based index hedge exemption is in addition to the standard limit and other exemptions available under Exchange rules, interpretations and policies. The following procedures and criteria must be satisfied to qualify for a broadbased index hedge exemption: (a) - (d) No change. (e) Positions in broad-based index options that are traded on the Exchange are exempt from the standard limits to the extent specified below. BROAD-BASED INDEX OPTION TYPE BROAD-BASED INDEX HEDGE EXEMPTION (is in addition to standard limit) Nasdaq 100 Stock Index (1/10th value) (MNX) 1,500,000 contracts Russell 2000 Index (1/10th) 750,000 contracts Nasdaq 100 Stock Index (Full Value) (NDX) 150,000 contracts Russell 2000 Index (1/5th) 375,000 contracts S&P 500/Barra Growth or Value 65,000 contracts other broad-based index 75,000 contracts (f) - (h) No change. Rule 24.9 Terms of Index Option Contracts (a) - (c) No change. ***** . . . Interpretations and Policies: .01 The procedures for adding and deleting strike prices for index options are provided in Rule 5.5 and Interpretations and Policies related thereto, as otherwise generally provided by Rule 24.9, and include the following: (a) The interval between strike prices will be no less than $5.00; provided, that in the case of the following classes of index options, the interval between strike prices will be no less than $2.50: Russell 2000 Index (1/10th value), if the strike price is less than $200.00. Russell 2000 Index (1/5th value), if the strike price is less than $200.00. (b) – (d) No change. .02 - .12 No change. RB10 March 9, 2005, Volume RB16, Number 10 Rule Changes, Interpretations and Policies continued SR-CBOE-2004-73 DPM Brokerage Commissions On February 22, 2005, the SEC approved Rule Change File No. SR-CBOE-2004-73, which filing clarifies when DPMs may not charge a brokerage commission on orders for which they do not perform an agency function (Securities Exchange Act Release No. 51235, 70 FR 9687 (February 28, 2005)). Any questions regarding the rule change may be directed to Jim Flynn, Legal Division, at 312-786-7070. The text of the amended rules is set forth below. New language is italicized. Rule 8.85. DPM Obligations (a) Dealer Transactions. No Change. (b) Agency Transactions. Each DPM shall fulfill all of the obligations of a Floor Broker (to the extent the DPM acts as a Floor Broker) and of an Order Book Official under the Rules, and shall satisfy each of the requirements contained in this paragraph in respect of each of the securities allocated to the DPM. To the extent that there is any inconsistency between the specific obligations of a DPM set forth in subparagraph (b)(i) through (b)(vii) of this Rule and the general obligations of a Floor Broker or of an Order Book Official under the Rules, subparagraph (b)(i) through (b)(vii) of this Rule shall govern. (i) – (iii) No Change. (iv) not charge any brokerage commission with respect to: (A) the execution of any portion of an order for which the DPM has acted as both agent and principal, unless the customer who placed the order has consented to paying a brokerage commission to the DPM with respect to the DPM’s execution of the order while acting as both agent and principal; or (B) any portion of an order for which the DPM was not the executing floor broker, including any portion of the order that is automatically executed through an Exchange system; or (C) any portion of an order that is automatically cancelled; or (D) any portion of an order that is not executed and not cancelled. (v) – (viii) No Change. ***** March 9, 2005, Volume RB16, Number 10 RB11