July 8, 2005 Exchange Bulletin Volume 33, Number 27 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, JULY 8, 2005 CLASS BID CBOE $625,000.00 OFFER LAST SALE AMOUNT LAST SALE DATE $595,000.00 June 30, 2005 LAST SALE AMOUNT LAST SALE DATE $700,000.00 CBOT FULL MEMBERSHIP CLASS With CBOE Exercise Right Without CBOE Exercise Right CBOE Exercise Right BID OFFER $1,925,000.00 $2,070,000.00 $2,000,000.00 $0.00 0.00 N/A $102,000.00 $175,000.00 $102,000.00 July 5, 2005 N/A June 27, 2005 Page 2 July 8, 2005 Volume 33, Number 27 Chicago Board Options Exchange MEMBERSHIP INFORMATION FOR 6/30/05 THROUGH 7/6/05 MEMBERSHIPAPPLICATIONS RECEIVED FOR WHICH A POSTING PERIOD IS REQUIRED Individual Membership Applicants Date Posted Samuel I. Sallerson, Lessor 1839 N. Burling Street Chicago, IL 60614 7/1/05 Sondra C. Rabin, Lessor 1300 N. Lake Shore Drive, Apt. 18B Chicago, IL 60610 7/6/05 Effective Date Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTI Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTJ Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTL Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly MEMBERSHIP LEASES New Leases Effective Date Lessor: Gabriel Inc. Lessee: Everest Trading, LLC Michael DeNardis, NOMINEE Rate: 1.25% Term: Monthly 7/1/05 Lessor: Geneva Stock, LLC Lessee: CTC LLC Ryan A. Hesser, NOMINEE Rate: 1.25% Term: 20 Days 7/1/05 Lessor: Samuel A. Miller Lessee: Fimat Preferred LLC Michael Nakielny, NOMINEE Rate: 1.25% Term: Monthly 7/1/05 Lessor: Daniel A. Gooze Lessee: Ronin Capital, LLC Steven E. Pickett, NOMINEE Rate: 1.1486% Term: Monthly 7/1/05 Lessor: Ruth I. Kahn Lessee: Wolverine Trading LLC Rate: 1.25% Term: Monthly 7/1/05 Lessor: Pershing LLC 7/1/05 Lessee: Wellington Capital Markets, LLC Christopher P. Farry (CPF), NOMINEE Lessor: Susquehanna Investment Group Lessee: Westward Capital LLC Jeffrey S. Dalton, NOMINEE Rate: 1.25% Term: Monthly 7/1/05 Lessor: Pershing LLC 7/1/05 Lessee: J.T. Limited Partnership David M. Wheaton (WTN), NOMINEE Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTB Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTC Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTD Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTE Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Pershing LLC 7/1/05 Lessee: Credit Suisse First Boston LLC YTG Credit Suisse First Boston LLC, NOMINEE Rate: 1.00% Term: Monthly Lessor: Hugh P. Nunnally Lessee: Andrie Trading LLC Wesley Alan Breton, NOMINEE Rate: 1.125% Term: Monthly 7/1/05 Lessor: Rothschild Investment Corporation Lessee: Kc-Co II LLC Anthony L. Williams, NOMINEE Rate: 1.1486% Term: Monthly 7/1/05 Lessor: Man Securities Inc. Lessee: Group One Trading, LP Rate: 1.125% Term: Monthly 7/1/05 Lessor: Merrill Lynch Professional Clearing Corp. Lessee: Group One Trading, LP Rate: 1.125% Term: Monthly 7/1/05 Lessor: Merrill Lynch, Pierce, Fenner & Smith, Inc. Lessee: Group One Trading, LP Rate: 1.125% Term: Monthly 7/1/05 Terminated Leases Termination Date Lessor: Samuel A. Miller Lessee: PreferredTrade, Inc. Michael Nakielny (NIK), NOMINEE 7/1/05 Lessor: Rothschild Investment Corporation 7/1/05 Lessee: Kc-Co Equity Trading, LLC Anthony L. Williams (ALW), NOMINEE Lessor: Susquehanna Investment Group Lessee: Sunset Securities LLC Brian Huddleston (HUD), NOMINEE 7/1/05 Lessor: Susquehanna Investment Group 7/1/05 Lessee: LiquidPoint, LLC M. Barbara O’Brien (OBI), NOMINEE Lessor: Merrill Lynch Professional 7/1/05 Clearing Corp. Lessee: Adirondack Electronic Markets LLC Jonathan M. Birch (THE), NOMINEE Lessor: Pershing LLC Lessee: CMZ Trading, LLC John Guastella (GWZ), NOMINEE 7/1/05 Lessor: Pershing LLC Lessee: Ronin Capital, LLC Patrick T. Koehler (TOE), NOMINEE 7/1/05 Page 3 July 8, 2005 Volume 33, Number 27 Chicago Board Options Exchange Termination Date Termination Date Lessor: Pershing LLC Lessee: Ronin Capital, LLC Steven E. Pickett (PIK), NOMINEE 7/1/05 Lessor: Merrill Lynch, Pierce, Fenner & Smith, Inc. Lessee: Susquehanna Investment Group John J. Karp (JKP), NOMINEE 7/1/05 Lessor: Pershing LLC Lessee: Westward Capital LLC Jeffrey S. Dalton (DTN), NOMINEE 7/1/05 Lessor: Pershing LLC Lessee: Citigroup Derivatives Markets Inc. Scott F. Tinervia (TIN), NOMINEE 7/1/05 Lessor: Daniel A. Gooze Lessee: Israel A. Englander & Co., Inc. Martin J. Collins (MJX), NOMINEE 7/1/05 Lessor: Pershing LLC Lessee: CTC LLC Brett M. Estell (EST), NOMINEE 7/1/05 Lessor: Ruth I. Kahn 7/1/05 Lessee: Canal Street Trading, LLC Jeffery P. Thompson (MZU), NOMINEE Lessor: Jules Sobel 7/1/05 Lessee: Everest Trading, LLC Michael DeNardis (MDD), NOMINEE Lessor: Larkspur Securities, Inc. Lessee: CTC LLC Brett M. Estell (EST), NOMINEE 7/1/05 Lessor: Hugh P. Nunnally Lessee: Everest Trading, LLC Brian E. Salomon (BST), NOMINEE 7/1/05 Lessor: Mark A. Proskine 7/1/05 Lessee: Andrie Trading LLC Wesley Alan Breton (WAB), NOMINEE MEMBERSHIP TERMINATIONS Individual Members Cassidy McTigue (MCT) McTigue Trading LLC 440 S. LaSalle, Suite 2101 Chicago, IL 60605 7/1/05 Daniel R. Lomer (LOM) Grace Trading LLC 440 S. LaSalle, Suite 3400 Chicago, IL 60605 7/1/05 Scott R. Evans (IUU) Citadel Derivatives Group LLC 131 S. Dearborn, 37th Floor Chicago, IL 60603 7/5/05 Robert T. Cummings (RRC) Citadel Derivatives Group LLC 3339 Lapp Lane Naperville, IL 60564 7/6/05 Lessor(s): Termination Date Jules Sobel 56 7th Avenue, Apt. 16H New York, NY 10011 7/1/05 Nominee(s) / Inactive Nominee(s): Termination Date Andre Ponce DeLeon Arruda (AAR) SMC Option Management LLC 440 S. LaSalle, 19th Floor Chicago, IL 60605 6/30/05 Giuseppe F. Petrillo (PEP) Equitec Premier, LLC 111 W. Jackson Blvd., 20th Floor Chicago, IL 60604 7/1/05 William J. O’Keefe (BOK) Cornerstone Trading, LLC 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/1/05 Brian E. Salomon (BST) Everest Trading, LLC 440 S. LaSalle, Suite 3100 Chicago, IL 60605 7/1/05 Holden K. Hodgson (ODN) Man Securities Inc. 1617 N. Hudson, #2R Chicago, IL 60614 7/1/05 David M. Wheaton (WTN) J.T. Limited Partnership 440 S. LaSalle, Suite 700 Chicago, IL 60605 7/1/05 7/1/05 CBT Exercisers: Termination Date Thomas M. Prosek (TMP) 253 Arboretum Circle Wheaton, IL 60187 7/1/05 Todd R. Soerens (CHZ) 440 S. LaSalle, Suite 2100 Chicago, IL 60605 7/1/05 CBT Registered For: Termination Date Thomas J. MacKimm (MIT) Ronin Capital, LLC 440 S. LaSalle, Suite 743 Chicago, IL 60605 6/30/05 Joshua J. Grant (JSH) Susquehanna Investment Group 175 W. Jackson Blvd., Suite 1700 Chicago, IL 60604 7/1/05 Henry Y. Choi (HCO) DRW Securities, LLC 10 S. Riverside Plaza, Suite 2100 Chicago, IL 60606 7/1/05 M. Barbara O’Brien (OBI) LiquidPoint, LLC 327 Neva Glenview, IL 60025 7/1/05 Terrence J. Brown (TBR) Panos Trading Limited Partnership 440 S. LaSalle, Suite 700 Chicago, IL 60605 7/1/05 Jonathan M. Birch (THE) Adirondack Electronic Markets LLC 400 S. LaSalle, CBOE Box 67 Chicago, IL 60605 Page 4 July 8, 2005 Volume 33, Number 27 Chicago Board Options Exchange Termination Date Todd R. Lane (TOD) Susquehanna Investment Group 175 W. Jackson Blvd., Suite 1700 Chicago, IL 60604 7/5/05 Eren Levi (ERN) Sparta Group of Chicago, LP 440 S. LaSalle, Suite 2101 Chicago, IL 60605 7/6/05 Member Organizations Effective Date Kent L. Oots (KLO) 7/1/05 Stephens Inc. 111 Center Street Little Rock, AR 72201 Type of Business to be Conducted: Floor Broker Paul A. Partyka (PTY) 7/6/05 Sparta Group Of Chicago, LP 4617 W. 99th Place Oak Lawn, IL 60453 Type of Business to be Conducted: Market Maker CBT Registered For: Termination Date Member Organizations McTigue Trading LLC 440 S. LaSalle, Suite 2101 Chicago, IL 60605 7/1/05 Lessee(s): Lessee(s): Termination Date PreferredTrade, Inc. 220 Montgomery Street San Francisco, CA 94194 7/1/05 KC-Co Equity Trading, LLC 10 S. LaSalle, Suite 2300 Chicago, IL 60603 7/1/05 Adirondack Electronic Markets LLC 120 W. 45th Street, 25th Floor New York, NY 10036 7/1/05 Lessor(s): Termination Date Larkspur Securities, Inc. 401 S. LaSalle, Suite 200 Chicago, IL 60605 7/1/05 Effective Date Fimat Preferred LLC 7/1/05 667 Mission St., Suite 400 San Francisco, CA 94105 Type of Business to be Conducted: Floor Broker JOINT ACCOUNTS New Participants Acronym Effective Date David Michael Johnson QBA 6/30/05 Benjamin J. Feller QCP 7/1/05 Thomas J. MacKimm QTF 7/5/05 Thomas J. MacKimm QVV 7/5/05 Paul A. Partyka QUB 7/6/05 New Accounts Acronym Effective Date EFFECTIVE MEMBERSHIPS DWT DRO WST Trading RMM QDQ 7/1/05 Individual Members Benjamin W. Phillips QDQ 7/1/05 CBT Registered For: Effective Date Thomas J. MacKimm (MIT) 7/5/05 Panos Trading Limited Partnership 440 S. LaSalle, Suite 743 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Nominee(s) / Inactive Nominee(s): Effective Date David Michael Johnson (DEJ) 6/30/05 Ronin Capital, LLC 230 S. LaSalle, Suite 400 Chicago, IL 60604 Type of Business to be Conducted: Market Maker Jeffrey A. Fairbanks (JFK) 7/1/05 Equitec Proprietary Markets, LLC 111 W. Jackson, 20th Floor Chicago, IL 60604 Type of Business to be Conducted: Floor Broker Matthew S. Heyn (HEY) 7/1/05 TJM Investments, LLC 11211 S. Western Ave., #Rear Chicago, IL 60643 Type of Business to be Conducted: Floor Broker Donald E. Lapato (DNI) 7/1/05 Navillus, Inc. 9235 S. Winchester Chicago, IL 60620 Type of Business to be Conducted: Floor Broker Terminated Participants Acronym Termination Date Andre Ponce DeLeon Arruda QSV 6/30/05 Thomas J. MacKimm QAB 6/30/05 Robert B. Duddy CIT 6/30/05 Giuseppe F. Petrillo QZL 7/1/05 Terrence J. Brown QVV 7/1/05 Terrence J. Brown QTF 7/1/05 William J. O’Keefe QMV 7/1/05 Brian E. Salomon QAZ 7/1/05 Daniel R. Lomer QDW 7/1/05 Joshua J. Grant QEW 7/1/05 Joshua J. Grant QFS 7/1/05 Joshua J. Grant QGS 7/1/05 Joshua J. Grant QLO 7/1/05 Joshua J. Grant QNA 7/1/05 Joshua J. Grant QVA 7/1/05 Joshua J. Grant QYH 7/1/05 Page 5 July 8, 2005 Volume 33, Number 27 Chicago Board Options Exchange Terminated Participants Acronym Termination Date Joshua J. Grant QYS 7/1/05 Joshua J. Grant QIS 7/1/05 Joshua J. Grant QJY 7/1/05 Joshua J. Grant QMD 7/1/05 Joshua J. Grant QMP 7/1/05 Joshua J. Grant QNY 7/1/05 Joshua J. Grant QPN 7/1/05 Joshua J. Grant QPO 7/1/05 Joshua J. Grant QSM 7/1/05 Joshua J. Grant QUT 7/1/05 Scott R. Evans CIT 7/5/05 Todd R. Lane QEX 7/5/05 Todd R. Lane QFS 7/5/05 Todd R. Lane QIG 7/5/05 Terrence J. Andrews 7/5/05 From: Nominee For CTC LLC; Market Maker/Floor Broker To: CBT Registered For CTC LLC; Market Maker/Floor Broker Todd R. Lane QLO 7/5/05 Member Organizations Todd R. Lane QNA 7/5/05 Todd R. Lane QPX 7/5/05 Todd R. Lane QSM 7/5/05 Wellington Capital Markets, LLC 7/1/05 From: Lessee; Associated with a Market Maker To: Lessee/Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker Todd R. Lane QYS 7/5/05 Todd R. Lane QZT 7/5/05 Todd R. Lane QGS 7/5/05 Eren Levi QUB 7/6/05 Robert T. Cummings CIT 7/6/05 Terminated Accounts Acronym Termination Date Steve H. Kats QWS 6/30/05 David M. Wheaton QJL 7/1/05 CHANGES IN MEMBERSHIP STATUS Individual Members Effective Date Daniel T. Hillegass 7/1/05 From: Nominee For Group One Trading LP; Market Maker To: Nominee For Group One Trading LP; Market Maker/ Floor Broker Stephen M. Dillinger 7/1/05 From: Nominee For Cornerstone Trading LLC; Market Maker/ Floor Broker To: Nominee For Cornerstone Trading LLC; Market Maker/ Floor Broker/Remote Market Maker David W. Silvester 7/1/05 From: Nominee For Wellington Capital Markets, LLC; Market Maker To: CBT Registered For Wellington Capital Markets, LLC; Market Maker Effective Date Jeffery P. Thompson 7/1/05 From: Nominee For Canal Street Trading, LLC; Market Maker To: CBT Registered For Canal Street Trading, LLC; Market Maker David J. Masino 7/1/05 From: CBT Registered For Archelon LLC; Market Maker To: Nominee For Archelon LLC; Market Maker Michael Nakielny 7/1/05 From: Nominee For PreferredTrade, Inc.; Floor Broker To: Nominee For Fimat Preferred LLC; Floor Broker Brian Huddleston 7/1/05 From: Nominee For Sunset Securities LLC; Market Maker To: CBT Registered For Sunset Securities LLC; Market Maker Anthony L. Williams 7/1/05 From: Nominee For KC-Co Equity Trading, LLC; Market Maker To: Nominee For KC-Co II LLC; Market Maker Effective Date Sunset Securities LLC 7/1/05 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 Credit Suisse First Boston LLC 7/1/05 From: Lessor/Owner/Non-Member Customer Business/Order Service Firm; Associated with a Market Maker/Floor Broker/Remote Market Maker To: Lessor/Owner/Lessee/Non-Member Customer Business/ Order Service Firm; Associated with a Market Maker/Floor Broker/Remote Market Maker Canal Street Trading, LLC 7/1/05 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 Man Securities Inc. 7/1/05 From: Owner/Lessee/Non-Member Customer Business/Order Service Firm; Associated with a Market Maker/Floor Broker To: Lessor/Lessee/Non-Member Customer Business/Order Service Firm; Associated with a Market Maker/Floor Broker MEMBER ADDRESS CHANGES Individual Members Effective Date M. Eoin Mast 178 Mendham Road Morristown, NJ 07960 6/30/05 Page 6 July 8, 2005 Patrick D. Lusk 418 W. Franklin Ave. Naperville, IL 60540 Volume 33, Number 27 Chicago Board Options Exchange Effective Date Member Organizations Effective Date 7/1/05 JAG Trading LLC 32300 Northwestern Hwy., Suite 234 Farmington Hills, MI 48334 6/30/05 RESEARCH CIRCULARS The following Research Circulars were distributed between July 1 and July 7, 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 #RS05-454 July 1, 2005 Great Lakes Chemical Corporation (“GLK”) Merger COMPLETED with Crompton Corporation (“CK”) Research Circular #RS05-455 July 1, 2005 UnitedGlobalCom, Inc. Class A (“UCOMA/adj. IGZ”) Determination of Cash-in-Lieu Amount Research Circular #RS05-460 July 6, 2005 Toll Brothers, Inc. (“TOL/YKW/LYT/OTY/VYT”) 2-for-1 Stock Split Ex-Distribution Date: July 11, 2005 Research Circular #RS05-461 July 6, 2005 AU Optronics Corp. (“AUO”) 9% ADS Dividend Ex-Distribution Date: July 14, 2005 Research Circular #RS05-462 July 6, 2005 Nara Bancorp, Inc. (“NARAE/QAN”) Underlying Symbol Change to “NARA” Effective Date: July 7, 2005 Research Circular #RS05-464 July 7, 2005 Caterpillar, Inc. (“CAT/VKT/WKT”) 2-for-1 Stock Split Ex-Distribution Date: July 14, 2005 Research Circular #RS05-466 July 7, 2005 DoubleClick Inc. (“DCLK/QWE/OVT/YKH”) Proposed Merger with Click Acquisition Corp. July 13, 2005 Regulatory Bulletin Volume RB16, Number 28 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 RG05-59 Date: June 30, 2005 To: The Membership From: Financial Planning Committee Subject: Fee Reductions Program Extended and Fee Reductions for July 2005 The Prospective Fee Reduction Program in effect for the period July 2004 through June 2005 has been extended through December 2005. Details of the program were provided in Regulatory Circular RG04-77 and are also available on CBOE’s Fee Schedule at www.cboe.com. CBOE has averaged approximately 1,560,000 contracts per day (CPD) during the period July 2004 through June 2005. Per the Prospective Fee Reduction Program, Market-Maker and DPM transaction fees and floor brokerage fees will be reduced by 20% per contract from standard rates during July 2005 (June 2005 discounts were also 20%). Fee Equities Market-Maker Trans. Fee Equities DPM Trans. Fee QQQQ, SPY & Indexes Mrkt.-Maker/DPM Trans. Fee Floor Brokerage Fee Standard Rate July ‘05 Rate 22 cents 12 cents (1)24 cents 17.6 cents 9.6 cents (1) 19.2 cents 4 cents 3.2 cents (1) Above rates exclude a 10 cents license fee surcharge for the following products: • Dow Jones indexes • Mini Nasdaq 100 (MNX) • Nasdaq 100 (NDX) • Russell 2000 cash settled index (RUT) Please call Ermer Love (312-786-7032) or Don Patton (312-786-7026) if you have any questions. Rule Changes, Interpretations and Policies EFFECTIVE-ON-FILING RULE CHANGE(S) The following rule filing(s) were submitted to the SEC “effective-on-filing,” and have taken effect pursuant to Section 19(b)(3) of the Securities Exchange Act. They will remain in effect barring further action by the SEC within 60 days after their publication in the Federal Register. Copies are available on the CBOE public website at www.cboe.com/legal/ effectivefiling.aspx. SR-CBOE-2005-50 Increased Preferred DPM Participation Entitlement On June 29, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-50, which filing increases the Preferred DPM participation entitlement to 40%. Any questions regarding the rule change may be directed to Angelo Evangelou, Legal Division, at 312-786-7464. The text of the proposed rule amendments is set forth below. Proposed new language is underlined. Proposed deleted language is [stricken out]. Rule 8.87. Participation Entitlement of DPMs and e-DPMs (a) Subject to the review of the Board of Directors, the MTS Committee may establish from time to time a participation entitlement formula that is applicable to all DPMs. (b) The participation entitlement for DPMs and e-DPMs (as defined in Rule 8.92) shall operate as follows: (1) Generally. (i) (ii) (iii) To be entitled to a participation entitlement, the DPM/e-DPM must be quoting at the best bid/offer on the Exchange. A DPM/e-DPM may not be allocated a total quantity greater than the quantity that the DPM/e-DPM is quoting at the best bid/offer on the Exchange. The participation entitlement is based on the number of contracts remaining after all public customer orders in the book at the best bid/offer on the Exchange have been satisfied. (2) Participation Rates applicable to DPM Complex. The collective DPM/e-DPM participation entitlement shall be: 50% when there is one Market-Maker also quoting at the best bid/offer on the Exchange; 40% when there are two Market-Makers also quoting at the best bid/offer on the Exchange; and, 30% when there are three or more Market-Makers also quoting at the best bid/offer on the Exchange. (3) Allocation of Participation Entitlement Between DPMs and e-DPMs. The participation entitlement shall be as follows: If the DPM and one or more e-DPMs are quoting at the best bid/offer on the Exchange, the e-DPM participation entitlement shall be one-half (50%) of the total DPM/e-DPM entitlement and shall be divided equally by the number of e-DPMs quoting at the best bid/offer on the Exchange. The remaining half shall be allocated to the DPM. If the DPM is not quoting at the best bid/offer on the Exchange and one or more e-DPMs are quoting at the best bid/offer on the Exchange, then the e-DPMs shall be allocated the entire participation entitlement (divided equally between them). If no e-DPMs are quoting at the best bid/offer on the Exchange and the DPM is quoting at the best bid/offer on the Exchange, then the DPM shall be allocated the entire participation entitlement. If only the DPM and/or e-DPMs are quoting at the best bid/offer on the Exchange RB2 July 13, 2005, Volume RB16, Number 28 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-50 continued (with no Market-Makers at that price), the participation entitlement shall not be applicable and the allocation procedures under Rule 6.45A shall apply. (4) Allocation of Participation Entitlement Between DPMs and e-DPMs for Orders Specifying a Preferred DPM. Notwithstanding the provisions of subparagraph (b)(3) above, the Exchange may allow, on a class-by-class basis, for the receipt of marketable orders, through the Exchange’s Order Routing System when the Exchange’s disseminated quote is the NBBO, that carry a designation from the member transmitting the order that specifies a DPM or e-DPM in that class as the “Preferred DPM” for that order. In such cases and after the provisions of subparagraph (b)(1)(i) and (iii) above have been met, then the Preferred DPM participation entitlement shall be 50% when there is one Market-Maker also quoting at the best bid/offer on the Exchange; and 40% when there are two or more Market-Makers also quoting at the best bid/offer on the Exchange[; and, 30% when there are three or more Market-Makers also quoting at the best bid/offer on the Exchange], subject to the following: (i) if the Preferred DPM is not quoting at the best bid/offer on the Exchange then the participation entitlement set forth in subparagraph (b)(3) above shall apply; (ii) in no case shall the Preferred DPM be allocated, pursuant to this participation right, a total quantity greater than the quantity that the Preferred DPM is quoting at the best bid/offer on the Exchange. The Preferred DPM participation entitlement set forth in subparagraph (b)(4) of this Rule shall be in effect until June 2, 2006 on a pilot basis. . . . Interpretations and Policies: .01 Notwithstanding subparagraph (b)(2) above, the Exchange may establish a lower DPM Complex Participation Rate on a product-by-product basis for newlylisted products or products that are being allocated to a DPM trading crowd for the first time. Notification of such lower participation rate shall be provided to members through a Regulatory Circular. SR-CBOE-2005-52 Extension of Prospective Fee Reduction Program On June 30, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-52, which filing amends the Fee Schedule to extend the Prospective Fee Reduction program through December 31, 2005. Any questions regarding the rule change may be directed to Jaime Galvan, Legal Division, at 312-786-7058. The text of the amended Fee Schedule is available from the Legal Division, or can be accessed online at http://www.cboe.com/AboutCBOE/ FeeSchedule.aspx. July 13, 2005, Volume RB16, Number 28 RB3 Rule Changes, Interpretations and Policies continued 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-2005-51 Linkage Amendment On June 30, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-51, which filing amends CBOE’s Linkage rules to adopt the “trade/book and ship” concepts proposed in a recent Linkage Plan amendment. Any questions regarding the rule change may be directed to Angelo Evangelou, Legal Division, at 312-786-7464. The text of the proposed rule amendments is set forth below. Proposed new language is underlined. Proposed deleted language is [stricken out]. 6.80. Definitions The following terms shall have the meaning specified in this Rule solely for the purpose of this Section E under Chapter VI: (1)-(18) No Change. (19) “Trade-Through” means a transaction in an options series at a price that is inferior to the NBBO, but shall not include a transaction that occurs at a price that is one minimum quoting increment inferior to the NBBO provided a Linkage Order is contemporaneously sent to each Participant disseminating the NBBO for the full size of the Participant’s bid (offer) that represents the NBBO. (20)-(21) No Change. ***** 6.84 Locked and Crossed Markets (a)-(b) No Change. (c) Exception. The provisions of paragraphs (a) and (b) above do not apply to situations where a member books an order that would lock a market and contemporaneously sends through the Linkage a P/A Order or Principal Order for the full size of the bid or offer that was locked. RB4 July 13, 2005, Volume RB16, Number 28