April 22, 2005 Exchange Bulletin Volume 33, Number 16 The Constitution and Rules of the Chicago Board 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 by hard copy or e-mail 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 if applicable, 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 after the first complimentary copy may be obtained by submitting your name, firm if any, 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 nonmembers. For up-to-date Seat Market Quotes, call 312-786-7456 or 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 by sending an e-mail to members@cboe.com or by phone at 312-786-7449. Copyright © 2005 Chicago Board Options Exchange, Incorporated SEAT MARKET QUOTES AS OF FRIDAY, APRIL 22, 2005 CLASS CBOE/FULL CBOT/FULL BID $478,000.00 $1,385,000.00 OFFER $493,000.00 $1,500,000.00 LAST SALE AMOUNT $488,500.00 $1,475,000.00 LAST SALE DATE April 22, 2005 April 21, 2005 MEMBERSHIP SALES AND TRANSFERS From AB Financial, LLC O & R Options Company BE Partners, LLC Robert B. Gianone Citadel Derivatives Group, LLC Ted A. Fried Geneva Stock, LLC Regent Limited To EWT, LLC EWT, LLC EWT, LLC Holland Trading House, LLC TRO Trading Group, LLC Lehman Brothers, Inc. WH Trading, LLC EWT, LLC Price/Transfer $495,000.00 $498,500.00 $500,000.00 $499,000.00 $500,000.00 $490,000.00 $488,000.00 $488,500.00 Date 4/18/05 4/18/05 4/18/05 4/18/05 4/18/05 4/19/05 4/21/05 4/22/05 Page 2 April 22, 2005 Volume 33, Number 16 Chicago Board Options Exchange MEMBERSHIP INFORMATION FOR 4/14/05 THROUGH 4/20/05 MEMBERSHIP LEASES MEMBERSHIP TERMINATIONS New Leases Effective Date Individual Members Lessor: Ted A. Fried Lessee: TBMP, LLC Paul E. Stone, NOMINEE Rate: 0.875% Term: 43 Days 4/19/05 CBT Exercisers: Termination Date 4/20/05 Lessor: Howard I. Lidov Lessee: S & W Grain Co. Brian M. Connelly, NOMINEE Rate: 0.8128% Term: Monthly 4/19/05 John H. Tocks (HTJ) 123 S. Stonegate Rd. Lake Forest, IL 60045 CBT Registered For: Termination Date 4/20/05 Scott J. Yanklowitz (SJY) HGI, Inc. 141 W. Jackson, Suite 1520 Chicago, IL 60604 4/14/05 Lessor: Justin Steinberg Lessee: AB Financial LLC John A. Possidoni, NOMINEE Rate: 0.875% Term: 9 Days 4/14/05 Lessor: Holland Trading House, LLC Lessee: Equitec Structured Products, LLC Ronald M. Pittelkau, NOMINEE Rate: 0.8128% Term: 20 Days 4/20/05 David Johnson (DJ) Morgan Stanley & Co. Inc. 440 S. LaSalle, 38th Floor Chicago, IL 60605 4/15/05 Lessor: EWT, LLC Lessee: Tradelink LLC Rick S. Peterson, NOMINEE Rate: 0.875% Term: 20 Days 4/20/05 Francis D. Wisniewski (WIZ) Sallerson-Troob LLC 440 S. LaSalle, Suite 950 Chicago, IL 60605 4/20/05 Robert P. Baids (MUK) Equitec Proprietary Markets, LLC 111 W. Jackson Blvd., 20th floor Chicago, IL 60604 4/18/05 Lessor: TRO Trading Group LLC Lessee: Wolverine Trading LLC Kathryn M. Gallagher, NOMINEE Rate: 0.8128% Term: Monthly Lessor(s): Termination Date Terminated Leases Termination Date 4/14/05 Ted A. Fried 2131 Stirling Rd. Bannockburn, IL 60015 4/19/05 Lessor: TRO Trading Group LLC Lessee: Citigroup Derivatives Markets Inc. Lessor: KISAY 1, LP Lessee: Citigroup Derivatives Markets Inc. 4/14/05 Robert B. Gianone 4/20/05 111 W. Jackson Blvd., 20th Floor Chicago, IL 60604 Lessor: Knoblauch Securities Corp. Lessee: Platinum Financial LLC Jason R. Bolding (BOL), NOMINEE 4/18/05 Nominee(s) / Inactive Nominee(s): Termination Date Eugene S. Filippo (EUG) Ronin Capital, LLC 230 S. LaSalle, Suite 400 Chicago, IL 60604 4/14/05 Scott N. Stoliar (SNS) Consolidated Trading, LLC 440 S. LaSalle, Suite 3100 Chicago, IL 60605 4/15/05 Daniel R. Passarelli (PAS) G-Bar Limited Partnership 440 S. LaSalle, Suite 650 Chicago, IL 60605 4/18/05 Jason R. Bolding (BOL) Platinum Financial LLC 440 S. LaSalle, Suite 713 Chicago, IL 60605 4/18/05 Imran A. Farooq (FRQ) Platinum Trading LLC 440 S. LaSalle, Suite 713 Chicago, IL 60605 4/18/05 Benjamin R. Scott (BRS) Rubicon Investments LLC 440 S. LaSalle, 9th Floor Chicago, IL 60605 4/18/05 Lessor: Hartz Construction Company, Inc. 4/18/05 Lessee: Rubicon Investments LLC Benjamin R. Scott (BRS), NOMINEE Lessor: Ted A. Fried Lessee: TBMP, LLC Paul E. Stone (SNE), NOMINEE 4/19/05 Lessor: Howard I. Lidov Lessee: Ronin Capital, LLC 4/19/05 Lessor: O & R Options Company Lessee: Tradelink LLC Rick S. Peterson (RIC), NOMINEE 4/20/05 Lessor: Robert B. Gianone 4/20/05 Lessee: Equitec Structured Products, LLC Ronald M. Pittelkau (RMP), NOMINEE Lessor: BE Partners LLC 4/20/05 Lessee: Wolverine Trading LLC Kathryn M. Gallagher (KMG), NOMINEE Page 3 April 22, 2005 Volume 33, Number 16 Chicago Board Options Exchange Effective Date Termination Date James C. Tharin Jr. (TAM) Jackson Financial Group, Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 4/19/05 Brian F. Ludden (LDO) Northern Access LLC 440 S. LaSalle, 16th Floor Chicago, IL 60605 4/20/05 James W. Febel (JAZ) Jackson Financial Group, Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 4/20/05 Kevin P. Davitt (KPD) Market Street Securities, Inc. 1508 W. Addison Chicago, IL 60613 4/20/05 Peter V. Rogus (BOG) Citigroup Derivatives Markets Inc. 172 Sycamore Dr. Hawthorn Woods, IL 60047-8900 4/20/05 Gregory M. Fish (FIS) Citigroup Derivatives Markets Inc. 2817 Saddlebrook Circle Minnetonka, MN 55305 4/20/05 James C. Tharin, Jr. (TAM) 4/20/05 Jackson Financial Group, Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker JOINT ACCOUNTS New Participants Acronym Effective Date William P. Litgen QLN 4/20/05 Terminated Participants Acronym Termination Date Eugene S. Filippo QAB 4/14/05 Scott J. Yanklowitz QHG 4/14/05 Scott N. Stoliar QCC 4/15/05 Scott N. Stoliar QWZ 4/15/05 Daniel R. Passarelli QYA 4/18/05 Jason R. Bolding QZA 4/18/05 Imran A. Farooq QDG 4/18/05 Robert P. Baids QAM 4/18/05 EFFECTIVE MEMBERSHIPS Robert P. Baids QFY 4/18/05 Individual Members Robert P. Baids QJP 4/18/05 Robert P. Baids QSC 4/18/05 Robert P. Baids QFW 4/18/05 Robert P. Baids QRQ 4/18/05 Brian F. Ludden QLN 4/20/05 Kevin P. Davitt QMK 4/20/05 Peter V. Rogus QCM 4/20/05 Peter V. Rogus QKD 4/20/05 Peter V. Rogus QNT 4/20/05 Peter V. Rogus QPZ 4/20/05 Peter V. Rogus QUN 4/20/05 Gregory M. Fish QCM 4/20/05 Gregory M. Fish QKD 4/20/05 Gregory M. Fish QNT 4/20/05 Gregory M. Fish QPZ 4/20/05 Gregory M. Fish QUN 4/20/05 Terminated Accounts Acronym Termination Date Benjamin R. Scott QBQ 4/18/05 Benjamin R. Scott QUR 4/18/05 Donald F. Urbas Jr. QBQ 4/19/05 Donald F. Urbas Jr. QUR 4/19/05 CBT Exercisers: Effective Date John H. Tocks (HTJ) 4/19/05 123 S. Stonegate Rd. Lake Forest, IL 60045 Type of Business to be Conducted: Market Maker CBT Registered For: Effective Date Kevin J. Hincks (HUV) 4/18/05 BBS Partners LLC 440 S. LaSalle, Suite 623 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Nominee(s) / Inactive Nominee(s): Effective Date Brian M. Connelly (BCC) 4/19/05 S & W Grain Co. 2101 N. Oakley Ave. Chicago, IL 60647 Type of Business to be Conducted: Market Maker James W. Febel (JAZ) 4/19/05 Jackson Financial Group, Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Michael A. Klaus (KLS) 4/19/05 X-Change Financial Access LLC 440 S. LaSalle, Suite 3900 Chicago, IL 60605 Type of Business to be Conducted: Floor Broker William P. Litgen (LTG) 4/20/05 Northern Access LLC 440 S. LaSalle, Suite 705 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Page 4 April 22, 2005 Volume 33, Number 16 Chicago Board Options Exchange CHANGES IN MEMBERSHIP STATUS Individual Members Effective Date James M. Jacobsen 4/18/05 From: Nominee For Citadel Derivatives Group LLC; Market Maker To: Nominee For Equitec Structured Products, LLC; Market Maker/Floor Broker Member Organizations Effective Date Holland Trading House, LLC 4/20/05 From: Owner/Lessee; Associated with a Market Maker To: Lessor/Owner/Lessee; Associated with a Market Maker Effective Date BBS Partners LLC 4/18/05 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 Morgan Stanley & Co. Inc. 4/14/05 From: Lessor/Owner/Non-Member Customer Business/ Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker/Floor Broker To: Lessor/Owner/Non-Member Customer Business; Associated with a Floor Broker Rubicon Investments LLC 4/18/05 From: Lessee/ Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker To: Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker RESEARCH CIRCULARS The following Research Circulars were distributed between April 14 and April 21, 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 #RS05-255 April 14, 2005 AMX Corporation (“AMXC/AQP”): Merger Completed — Cash Settlement Research Circular #RS05-264 April 20, 2005 Delta and Pine Land Company (“DLP”) Partial Self Tender Offer Research Circular #RS05-258 April 18, 2005 International Steel Group Inc. (“ISG/YRW/VOE”) Election Merger COMPLETED with Mittal Steel Company N.V. Class A (“MT”) Research Circular #RS05-265 April 21, 2005 KB Home (“KBH/YAB/OHK”) 2-for-1 Stock Split Ex-Distribution Date: April 29, 2005 Research Circular #RS05-260 April 18, 2005 United Defense Industries, Inc. (“UDI”) Proposed Merger with BAE Systems North America Inc. Research Circular #RS05-268 April 21, 2005 UTStarcom, Inc. (“UTSIE/UON/WQZ/OEU”) Underlying Symbol Change to “UTSI” Effective Date: April 22, 2005 Research Circular #RS05-262 April 19, 2005 *****UPDATE*****UPDATE*****UPDATE***** Mandalay Resort Group (“MBG/YSG/OBI”) Proposed Merger with MGM MIRAGE (“MGG/YDM/VYG”) Research Circular #RS05-263 April 19, 2005 Kerr-McGee Corporation (“KMG/YNK/OGM”) Partial Self Tender Offer Research Circular #RS05-269 April 21, 2005 Lakes Entertainment, Inc. (“LACO/QWL”) Underlying Symbol Change to “LACOE” Effective Date: April 22, 2005 April 27, 2005 Volume RB16, Number 17 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 RG05-38 To: Membership From: Trading Operations, Regulatory Services Division and Legal Division Date: April 14, 2005 Re: Minimum Quote Size and Maximum Quote Width in Hybrid Classes Minimum Quote Size Initial Market-Maker quote size in Hybrid classes must be for at least 10-contracts, whether the quote is provided in open outcry or electronically. Once the size decrements to zero, the Market-Maker must replenish to at least 10-contracts, except as specified below. Effective in August 2004, in Hybrid classes, Market-Makers, DPMs, and e-DPMs (i.e. “MM”) were given the ability to post a 1-up size on the appropriate side of the underlying option quote when the quote size on the primary underlying market is 1-up (i.e., 100 shares).1 This process must be automated (i.e., no manual adjustments). This means that when the primary market increases its quote size from 1-up, CBOE MM quote size must automatically (not manually) increase to the minimum requirement of 10-up. Examples: NYSE quote size in ABC stock is 1x1: CBOE MMs’ minimum quote size re quirement is 1x1 for calls and puts. NYSE quote size in ABC stock is 1x7: CBOE MMs’ minimum quote size re quirement is 1x10 for calls and 10x1 for puts. NYSE quote size in ABC stock is 20x1: CBOE MMs’ minimum quote size re quirement is 10x1 for calls and 1x10 for puts. Pre-requisite to Quoting 1-up Prior to being able to participate in this pilot program, MMs or their vendors that provide their handheld quoting devices must demonstrate to the Exchange that they have automated the process. Members should have their vendors contact Trading Operations (via the Help Desk at 7100) to certify that their systems are compliant. Members that provide 1-up quoting without certification by themselves or their vendors are in violation of Exchange rules and subject to disciplinary action. Open Outcry RFQs: Market-Makers MUST respond to all verbal RFQs with a legal-width, 10-up market for customers and 1-up for BDs. 1 The ability to quote 1-up in Hybrid was approved as a one-year pilot period set to expire August 17, 2005. Regulatory Circulars continued Regulatory Circular RG05-38 continued Quote Widths: Electronic quotes MUST be no wider than legal-width. In Hybrid classes, electronic quotes are permitted to be $5 wide following the opening rotation in each security.2 Opening rotation and open outcry quotes in Hybrid classes must comply with the same maximum permissible widths as non-Hybrid classes. “Quote Aping” and Anticompetitive Conduct In the Hybrid Approval Order, the SEC stated: Although it is not unlawful for a Market-Maker to take the prices offered by its competitors into account when setting its own prices, or to follow or copy prices of its competitors, such a decision must be a unilateral business judgment not intended to harass or punish a competitor for improving prices or otherwise acting competitively and not the result of collusive agreement. Accordingly, the Commission expects that the CBOE will surveil its market to ensure that Market-Makers are not coordinating quotes in the Hybrid system or engaging in other anticompetitive conduct. Contacts: Questions regarding the certification process for quoting 1-up, should be addressed to Anthony Montesano at (312)786-7365 or Greg Burkhardt at (312)786-7531 in Trading Operations, or Tim MacDonald in Market Regulation at (312) 786-7706. For questions regarding application of the rules, please contact Andrew Spiwak at (312) 786-7483 or Tim MacDonald at (312) 786-7706. PROPOSED RULE CHANGE(S) Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, as amended (“the Act”), and Rule 19b-4 thereunder, the Exchange has filed the following proposed rule change(s) with the Securities and Exchange Commission (“SEC”). Copies of the rule change filing(s) are available at www.cboe.com/legal/submittedsecfilings.aspx. Members may submit written comments to the Legal Division. The effective date of a proposed rule change will be the date of approval by the SEC, unless otherwise noted. SR-CBOE-2005-29 MTS Committee Selection and Composition Changes On April 19, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-29, which filing proposes to amend the manner in which the MTS Committee members are selected and how the composition of the committee is determined. Any questions regarding the proposed rule change may be directed to Jim Flynn, Legal Division, at 312-786-7070. The text of the proposed rule amendments is set forth below. Proposed new language is underlined. Proposed deleted language is [stricken out]. Rule 8.82 - MTS Committee [(a)] The selection of MTS Committee members and the determination of the composition of the MTS Committee shall be made in accordance with Rule 2.1. [consist of the Vice-Chairman of the Exchange, the Chairman of the Market Performance Committee, and nine persons elected by the membership of the Exchange. 2 The maximum permissible spread widths applicable to non-Hybrid classes as well as to Hybrid classes during rotations and in open outcry are as follows: $0.25 for options under $2, $0.40 for options above $2 but not over $5, $0.50 for options above $5 but not over $10; $0.80 for options above $10 but not over $20; and $1 for options above $20, as set forth in Rule 8.7(b)(iv). RB2 April 27, 2005, Volume RB16, Number 17 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-29 continued (b) The nine elected MTS Committee members shall include: three members whose primary business is as a Market-Maker; three members whose primary business is as a Market-Maker or as a DPM Designee; and three members whose primary business is as a Floor Broker, at least two of whom represent public customer orders in the course of their activities as a Floor Broker. One of the nine elected positions on the MTS Committee may instead be filled by a person (i) who directly or indirectly owns and controls a membership with respect to which the person acts as a lessor, (ii) whose primary business is not as a Market-Maker, DPM Designee, or Floor Broker, and (iii) whose primary residence is located within 80 miles of the Exchange’s trading floor. No elected member of the MTS Committee may be affiliated (as defined under Rule 1.1(j)) with any other elected member of the MTS Committee. The nine elected MTS Committee members shall have three-year terms, three of which shall expire each year. (c) The election procedures for the nine elected MTS Committee members shall be the same as the election procedures for elected Directors that are set forth in Article IV and Article V of the Exchange Constitution. Accordingly, the following shall occur as part of these procedures: The Nominating Committee shall select nominees to fill expiring terms and vacancies on the MTS Committee. Nominations may also be made by petition, signed by not less than 100 voting members and filed with the Secretary of the Exchange no later than 5:00 p.m. (Chicago time) on the Monday preceding the 1st Friday in November, or the first business day thereafter in the event that Monday occurs on a holiday. The election to fill the expiring terms and vacancies on the MTS Committee shall be held as part of the annual election. The term of office of each MTS Committee member elected at an annual election meeting shall commence at the time of the first regular Board of Directors meeting of the calendar year following that annual election meeting and shall continue until the first regular Board meeting of the third succeeding calendar year. Elected MTS Committee members shall hold office for the terms for which they are elected and until their successors are duly elected and qualified or until their earlier death, resignation, or removal. (d) Candidates for election to the MTS Committee, whether nominated by the Nominating Committee or by petition, shall be eligible for election in any of the categories for which they qualify both at the time of their nomination and at the time of their election. The sole judge of whether a candidate satisfies the applicable qualifications for election to the MTS Committee in a designated category shall be the Nominating Committee in the case of candidates nominated by the Nominating Committee, and shall be the Executive Committee in the case of candidates nominated by petition, and the decision of the respective committee shall be final. In the event a person’s status changes following election to the MTS Committee, the sole judge of whether the person continues to satisfy the applicable qualifications for service on the MTS Committee shall be the Board of Directors. (e) In the event of the refusal, failure, neglect, or inability of any MTS Committee member to discharge that person’s duties, or for any cause affecting the best interests of the Exchange, the sufficiency of which the Board of Directors shall be the sole judge, the Board shall have the power, by the affirmative vote of at least twothirds of the Directors then in office, to remove that MTS Committee member from the Committee. (f) Any vacancy occurring among the members of the MTS Committee may be filled by a qualified person appointed by the Vice Chairman of the Board with the approval of the Board of Directors. The term of any MTS Committee member so chosen shall be from the date of appointment until the first regular Board meeting of the calendar year following the next annual election meeting and until the person’s successor is duly elected and qualified, or until the person’s earlier death, resignation, or removal. The remaining portion of the unexpired term of an MTS Committee member, if any, shall be served by a person elected at the next annual election meeting.] April 27, 2005, Volume RB16, Number 17 RB3