July 22, 2005 Exchange Bulletin Volume 33, Number 29 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 (January 1 through December 31) is $200.00 ($100.00 after July 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 22, 2005 CLASS BID CBOE $655,000.00 OFFER LAST SALE AMOUNT LAST SALE DATE $700,000.00 July 21, 2005 LAST SALE AMOUNT LAST SALE DATE $755,000.00 CBOT FULL MEMBERSHIP CLASS With CBOE Exercise Right Without CBOE Exercise Right CBOE Exercise Right BID OFFER $2,050,000.00 $2,125,000.00 $2,050,000.00 July 18, 2005 $0.00 0.00 N/A June 20, 2005 $102,000.00 $145,000.00 $102,000.00 June 27, 2005 CBOE MEMBERSHIP SALES AND TRANSFERS From To Price/Transfer Date Susquehanna Investment Group Jeffrey R. Levin Wolfson Ventures LP Arclight Securities LLC Gabriel Inc. Samuel Sallerson $740,000.00 $755,000.00 $700,000.00 7/15/05 7/18/05 7/21/05 Page 2 July 22, 2005 Volume 33, Number 29 Chicago Board Options Exchange MEMBERSHIP INFORMATION FOR 7/14/05 THROUGH 7/20/05 MEMBERSHIPAPPLICATIONS RECEIVED FOR WHICH A POSTING PERIOD IS REQUIRED Member Organization Applicants Date Posted Spivey Trading, LLC Daniel E. Spivey, Nominee 2489 Meadowbrook Rd. Jackson, MS 39211 Daniel E. Spivey - Member 7/18/05 MEMBERSHIP LEASES Nominee(s) / Inactive Nominee(s): Termination Date Derek Gordon (DEK) Citadel Derivatives Group LLC 131 S. Dearborn, 37th Fl. Chicago, IL 60603 7/18/05 Steven Zader (SDR) Ronin Capital, LLC 230 S. LaSalle St., 4th Flr. Chicago, IL 60605 7/18/05 EFFECTIVE MEMBERSHIPS New Leases Effective Date Lessor: Michael A. Williams Lessee: Hardcastle Trading USA LLC Rate: 1.1486% Term: Monthly 7/15/05 Lessor: Gabriel Inc. Lessee: Prospect Trading LLC Basilios T. Papanastoy, NOMINEE Rate: $2,640.80 Term: Daily 7/19/05 Terminated Leases Termination Date Lessor: Michael A. Williams Lessee: Hardcastle Trading USA LLC 7/15/05 Lessor: Jeffrey R. Levin 7/19/05 Lessee: Prospect Trading LLC Basilios T. Papanastoy (BTP), NOMINEE MEMBERSHIP TERMINATIONS Individual Members CBT Registered For: Eren Levi (ERN) 7/14/05 Sparta Group Of Chicago, LP 440 S. LaSalle, Suite 2101 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Scott N. Stoliar (SNS) 7/19/05 Harrison Trading Group, LLC 601 S. LaSalle - #200 Chicago, IL 60605 Type of Business to be Conducted: Market Maker M. Eoin Mast 7/19/05 178 Mendham Road Morristown, NJ 07960 Type of Business to be Conducted: Market Maker Nominee(s) / Inactive Nominee(s): Individual Members CBT Registered For: Termination Date Ralph E. Burkee (BUP) Citadel Derivatives Group LLC 131 S. Dearborn Street, 37th Floor Chicago, IL 60603 7/18/05 Jeffery P. Thompson (MZU) Canal Street Trading, LLC 440 S, LaSalle - Ste. 1600 Chicago, IL 60606 7/19/05 Ryan Michael Sellers (RZA) Saen Options USA Inc. 440 S. LaSalle, Suite 1506 Chicago, IL 60605 7/19/05 Christopher A. Lake (LOC) Saen Options USA Inc. 532 W. Eugenie Street Chicago, IL 60614 7/19/05 Lessor(s): Termination Date Marshall C. Spiegel 1618 Sheridan Road Wilmette, IL 60091 7/15/05 Jeffrey R. Levin 80 Lisa Lane - #1128 Athens, NY 12015 7/19/05 Effective Date Effective Date Timothy A. Kirchner (KXR) 7/14/05 ROQ Capital, LLC 2121 N. Racine Chicago , IL 60614 Type of Business to be Conducted: Market Maker Kristofor T. Anderson (KTA) 7/15/05 ROQ Capital, LLC 30 S. Wacker Dr., Ste 2009 Chicago, IL 60606 Type of Business to be Conducted: Market Maker Jeffrey J. Herter (JXH) 7/18/05 ROQ Capital, LLC 30 S. Wacker, Ste. 2009 Chicago, IL 60606 Type of Business to be Conducted: Market Maker Philip J. Fortier (FIL) 7/18/05 Man Securities Inc. 440 S. LaSalle, 20th Fl. Chicago, IL 60605 Type of Business to be Conducted: Floor Broker Member Organizations CBT Registered For: Effective Date Link Strategies, LP 7/19/05 7 Alta Court West Windsor, NJ 08550 Type of Business to be Conducted: Remote Market Maker Page 3 July 22, 2005 Volume 33, Number 29 JOINT ACCOUNTS Chicago Board Options Exchange MEMBER ADDRESS CHANGES New Participants Acronym Effective Date Individual Members Effective Date Eren Levi QUB 7/14/05 7/15/05 Timothy A. Kirchner QOQ 7/14/05 Ethan Moeller 331 West 57th Street, Ste.400 New York, NY 10019 Timothy A. Kirchner QXL 7/14/05 7/15/05 Kristofor T. Anderson QOQ 7/15/05 Christopher A. Good 440 S. LaSalle - Ste. 19th Flr. Chicago, IL 60605 Kristofor T. Anderson QXL 7/15/05 7/15/05 Jeffrey J. Herter QOQ 7/18/05 Garrett E. Graber 440 S. LaSalle - 19th Flr. Chicago, IL 60605 Jeffrey J. Herter QXL 7/18/05 7/15/05 Wade A. Fowler QFT 7/18/05 Benjamin H. Szelag 440 S. LaSalle St., 19th Flr. Chicago, IL 60605 Frank Hinrichs QDH 7/20/05 7/15/05 Gavin K. Farley QDH 7/20/05 Brian A. Scullion 440 S. LaSalle St., 19th Flr. Chicago, IL 60605 New Accounts Acronym Effective Date 7/15/05 Mark E. Westcott QDV 7/20/05 Mark Truelsen 440 S. LaSalle, 19th Flr. Chicago, IL 60605 Marios K. Sinapoglou QDS 7/20/05 Yoni B. Cohen 440 S. LaSalle, 19th Flr. Chicago, IL 60605 7/15/05 Jean R. Hanrahan 440 S. LaSalle, 39th Flr. Chicago, IL 60605 7/15/05 Wayne A. Jazwierski 440 S. LaSalle, 39th Flr. Chicago, IL 60605 7/15/05 Mark J. Karrasch 440 S. LaSalle St. 39th Flr. Chicago, IL 60605 7/15/05 B. Michael Kelly 440 S. LaSalle - 39th Flr. Chicago, IL 60605 7/15/05 Jeffrey S. Latham 440 S. LaSalle, 39th Flr. Chicago, IL 60605 7/15/05 William P. Yerby 440 S. LaSalle - 39th Flr. Chicago, IL 60605 7/15/05 Michael A. Klaus 440 S. LaSalle, 39th Flr. Chicago, IL 60605 7/15/05 Donn R. Farr 921 Wood Creek Drive Melbourne, FL 32901 7/19/05 Thomas J. Hess 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Paul Aronson 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Brian J. Dowling 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Terminated Participants Acronym Termination Date Ralph E. Burkee CIT 7/18/05 Derek Gordon CIT 7/18/05 Steven Zader QRH 7/18/05 Steven Zader QCD 7/18/05 Ryan Michael Sellers QOS 7/19/05 Christopher A. Lake QDH 7/19/05 Christopher A. Lake QOS 7/19/05 CHANGES IN MEMBERSHIP STATUS Individual Members Effective Date Brian A. Zielinski 7/14/05 From: Nominee For Westward Capital LLC; Market Maker To: CBT Registered For Westward Capital LLC; Market Maker Erik M. Scheier 7/18/05 From: Nominee For Group One Trading, LP; Market Maker/ Floor Broker To: CBT Registered For Group One Trading, LP; Market Maker/ Floor Broker Michael T. Brown 7/18/05 From: CBT Registered For Merrill Lynch, Pierce, Fenner & Smith, Inc.; Floor Broker To: Nominee For Merrill Lynch, Pierce, Fenner & Smith, Inc.; Floor Broker Mark T. Morse 7/20/05 From: CBT Registered For TJM Investments, LLC; Floor Broker To: Nominee For TJM Investments, LLC; Floor Broker Robert M. Bleser 7/20/05 From: Nominee For TJM Investments, LLC; Floor Broker To: CBT Registered For TJM Investments, LLC; Floor Broker Page 4 July 22, 2005 Volume 33, Number 29 Chicago Board Options Exchange Effective Date Effective Date Michael A. Giangiorgi 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Jonathon Coe 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Matthew M. Koenig 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 John P. Eshoo 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Timothy S. McGugan 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 Member Organizations Effective Date 7/20/05 Ares Investment Fund LLC 331 West 57th Street, Ste. 400 New York, NY 10019 7/15/05 Matthew D. Peters 440 S. LaSalle, 19th Floor Chicago, IL 60605 Steven Stefancic 440 S. LaSalle, 19th Floor Chicago, IL 60605 7/20/05 RESEARCH CIRCULARS The following Research Circulars were distributed between July 15 and July 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 #RS05-495 July 15, 2005 NeighborCare, Inc. (“NCRX/QNY”) Tender Offer FURTHER AMENDED and EXPIRATION TIME/DATE REVISED by Omnicare, Inc. (“OCR”) Research Circular #RS05-496 July 18, 2005 *****UPDATE*****UPDATE*****UPDATE***** Toys “R” Us, Inc. (“TOY/WYT/VTY”) Proposed Merger with Global Toys Acquisition, LLC Research Circular #RS05-497 July 18, 2005 *****UPDATE – EX-DISTRIBUTION DATE REVISED***** Liberty Media Corporation Series A (“L/OCG/YCN & adj. YXS/VMZ”) Distribution of Shares of Discovery Holding Company Class A (“DISCA”) Ex-Distribution Date: July 21, 2005 (not July 22, 2005) Research Circular #RS05-500 July 18, 2005 Internet HOLDRs Trust (“HHH/OHH/WHB”) Cash Distribution Ex-Distribution Date: July 19, 2005 Research Circular #RS05-501 July 18, 2005 Mission Resources Corporation (“MSSN/QBE”) Proposed Election Merger with Petrohawk Energy Corporation (“HAWK/PQM”) Research Circular #RS05-504 July 19, 2005 *****UPDATE – ANTICIPATED EFFECTIVE DATE REVISED***** Toys “R” Us, Inc. (“TOY/VTY”) Proposed Merger with Global Toys Acquisition, LLC Research Circular #RS05-505 July 19, 2005 *****UPDATE*****UPDATE*****UPDATE***** The Titan Corporation (“TTN”) Proposed Merger with L-3 Communications Corporation (“LLL/OOY/YOO”) Research Circular #RS05-507 July 19, 2005 Ask Jeeves, Inc. (“ASKJ/AUK/VQK”) Merger COMPLETED with IAC/InterActiveCorp (“IACI/QTH/VSW/YOY”) Research Circular #RS05-509 July 20, 2005 The Shell Transport and Trading Company, Public Limited Company (“SC”) Proposed Merger/Scheme of Arrangement EFFECTIVE Research Circular #RS05-510 July 20, 2005 Royal Dutch Petroleum Company (“RD/OWG/YXD”) Subsequent Exchange Offer by Royal Dutch Shell plc Research Circular #RS05-512 July 20, 2005 Able Laboratories, Inc. (“ABRX/QAF”) Underlying Symbol Change to “ABRXQ” Effective Date: July 21, 2005 Research Circular #RS05-514 July 20, 2005 Western Wireless Corporation (“WWCA/WRQ/ONU/WEZ”) Proposed Election Merger with ALLTEL Corporation (“AT/VTB/ WJH”) Research Circular #RS05-515 July 21, 2005 *****UPDATE – REVISION TO ADJUSTED 2007 LEAP SYMBOL***** Western Wireless Corporation (“WWCA/WRQ/ONU/ WEZ”) Proposed Election Merger with ALLTEL Corporation (“AT/VTB/WJH”) Research Circular #RS05-516 July 21, 2005 Toys “R” Us, Inc. (“TOY/VTY”) Merger COMPLETED with Global Toys Acquisition, LLC July 27, 2005 Volume RB16, Number 30 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 RG05-62 (supersedes Regulatory Circular RG05-40) INTER-EXCHANGE PROCEDURES IN VOLATILE MARKETS FOR THIRD QUARTER 2005 As of July 1, 2005 CME (S&P 500® FUTURES) NYSE ACTION CBOT (DJIASM FUTURES) CBOE ACTION 60 POINTS (5%) BELOW PREVIOUS DAY’S SETTLEMENT Limit comes into effect: On CME opening (8:30 a.m.) Trading halt: For 2 minutes if the offer is at limit 10 minutes after limit is reached or at 2:30 p.m. Limit no longer in effect: After the 2 minute halt or, if no halt, 10 minutes after the limit is reached or otherwise at 2:30 p.m. 120 POINTS (10%) BELOW PREVIOUS DAY’S SETTLEMENT Under Normal Limits Limit comes into effect: After the 55 point (5%) limit or at 2:30 p.m. Trading halts: Trading will halt for the following time periods if the futures contract is limit offered under the following circumstances: During an NYSE trading halt: Until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. When the DJIA advances (or declines) 200 points from the previous day's close: Index arbitrage orders for S&P 500® component stocks must be entered with buy-minus (or sell-plus) instruction until the advance or decline returns to within 100 points from previous day's close. None required. Except on the last business day before their expiration, CBOE normally will restrict exercise of American style, cash settled index options during any trading halt that occurs prior to 3:00 p.m. CBOE may restrict exercise in equity options (other than during the 10 business days before their expiration), but it normally will not do so because of trading halts. Discretionary actions include trading halts in individual stocks. 1050 DJIA POINTS (10%) BELOW PREVIOUS DAY'S CLOSING VALUE Trading halts: Trading in all stocks halts for the following time periods when the DJIA reaches this value at the following times: Before 1:00 p.m.: for one hour; From 1:00 p.m. but before 1:30 p.m.: for 30 minutes; From and after 1:30 p.m.: no mandated trading halt None required because of CME or CBOT limit or NYSE actions; discretionary actions include trading halts and suspensions. 1050 POINTS (10%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: On CBOT opening (7:20 a.m.). Trading halt: If the futures contract is limit offered during an NYSE trading halt, futures trading will halt until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. Limit no longer in effect: After futures trading has resumed following an NYSE trading halt or at 1:30 p.m. Because CME or CBOT limit is reached: None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). Because NYSE declares floor-wide circuit breaker halt: Trading in all CBOE securities halted during NYSE circuit breaker halt (with the exercise restrictions described above). After 1:30 p.m., if no NYSE trading halt is declared: For 2 minutes if the contract is limit offered 10 minutes after the limit is reached. Limit no longer in effect: After a mandated futures trading halt. ****** Under Second Day Limits (those applicable on a day after the futures contract was limit offered at the 240 point (20%) level at the close of trading). Limit comes into effect: After the 55 point (5%) limit, unless there is an NYSE trading halt, in which case only the 20% limit applies upon reopening. Trading halts: During an NYSE trading halt (regardless whether the futures contract is limit offered): Until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. If no NYSE trading halt is declared: For 2 minutes if the contract is limit offered 10 minutes after the limit is reached or at 2:30 p.m. Limit no longer in effect: After a mandated futures trading halt or, if no halt, 10 minutes after the limit is reached or otherwise at 2:30 p.m. (OVER) This information has been compiled by CBOE for general information purposes only, and therefore should not be considered complete or precise. Most matters discussed are subject to detailed exchange rules and to the discretion of exchange officials. The rules of the various exchanges are subject to change and may not be reflected in this information. CBOE assumes no responsibility for any errors or omissions in the information presented. In addition, this circular does not address specialized circumstances, such as the times that would be applicable on days when one or more underlying equity markets is scheduled to close trading earlier than normal or the rules applicable to Chapter 30 securities. These specialized matters are covered in detail by exchange rules. All times listed are Central times. “S&P” and “S&P 500” are trademarks of Mc-Graw Hill, Inc., and "DJIA" is a service mark of Dow Jones & Company, Inc., and neither company assumes any liability in connection with the trading of any contract based on its indexes. (Date of issuance: July 19, 2005) INTER-EXCHANGE PROCEDURES IN VOLATILE MARKETS (continued) CME (S&P 500 FUTURES) 180 POINTS (15%) BELOW PREVIOUS DAY'S CLOSING VALUE Under Normal Limits NYSE ACTION CBOT (DJIA FUTURES) Regulatory Circular RG05-62 As of 7/1/05 CBOE ACTION None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). None required; discretionary actions include trading halts in individual stocks. Limit comes into effect: After the 120 point (10%) limit. Trading halts: For 2 minutes if the contract is at limit 10 minutes after limit is reached. Limit no longer in effect: After any such 2 minute halt. ****** Under Second Day Limits Limit comes into effect: After the 120 point (10%) limit, unless there is an NYSE trading halt, in which case only the 20% limit applies upon reopening. Trading halts: During an NYSE trading halt (regardless whether the futures contract is limit offered): Until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. If no NYSE trading halt is declared: For 2 minutes if the contract is limit offered 10 minutes after the limit is reached or at 2:30 p.m. Limit no longer in effect: After a mandated futures trading halt or, if no halt, 10 minutes after the limit is reached or otherwise at 2:30 p.m. 240 POINTS (20%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: After the 180 point (15%) limit or, when Second Day Limits are in effect, at 2:30 p.m. or after trading resumes following an NYSE trading halt. Limit remains in effect for the remainder of the trading day. Trading halt: 2100 DJIA POINTS (20%) BELOW PREVIOUS DAY'S CLOSING VALUE Trading halts: Trading in all stocks halts for the following time periods when the DJIA reaches this value at the following times: Before 12:00 p.m.: for two hours From 12:00 p.m. but before 1:00 p.m.: for one hour From and after 1:00 p.m.: for the remainder of the day (Normal Limits): If the futures contract is limit offered during an NYSE trading halt. 2100 POINTS (20%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: After the 1050 point (10%) limit or at 1:30 p.m. Trading halt: If the futures contract is limit offered during an NYSE trading halt, futures trading will halt until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. Limit no longer in effect: After futures trading has resumed following an NYSE trading halt. Because CME or CBOT limit is reached: None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). Because NYSE declares a floor wide circuit breaker halt: Trading in all CBOE securities halted during NYSE circuit breaker halt (with the exercise restrictions described above). (Second Day Limits): If there is an NYSE trading halt, regardless whether the futures contract is limit offered. Trading will resume when NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. Settlement value will not be less than the limit value, regardless of the value of the cash index. 3150 DJIA POINTS (30%) BELOW PREVIOUS DAY'S CLOSING VALUE The 240 point (20%) limit remains in effect. Settlement value will not be less than the limit value, regardless of the value of the cash index. Trading halts and does not reopen for the day. 3150 POINTS (30%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: After the 2100 point (20%) limit. Limit remains in effect for the remainder of the trading day. Trading halt: Trading shall halt for the rest of the day if the futures contract is limit offered at any time during the trading day and the NYSE declares a trading halt for the rest of the trading day. If NYSE declares floor wide trading halt for the remainder of the day: CBOE halts trading for the remainder of the day (with the exercise restrictions described above). Because CBOT limit is reached: None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). For more information, call 1-888-OPTIONS or visit our Web site at www.cboe.com Rule Changes, Interpretations and Policies APPROVED RULE CHANGE 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-2005-24 1000 Spoke RAES Wheel On July 7, 2005, the SEC approved Rule Change File No. SR-CBOE-2005-24, which filing adds the 1000 Spoke RAES Wheel to the current procedures that apply to the assignment of orders on RAES, with respect to Index Options Classes, for CBOE Market-Makers logged on to participate on RAES (Securities Exchange Act Release No. 51992, 70 FR 40759 (July 14, 2005)). Any questions regarding the rule change may be directed to Dave Doherty, Legal Division, at 312-786-7466. The text of the amended rules is set forth below. New language is italicized. Rule 6.8 – RAES Operations (a) – (g) No change. ***** …Interpretations and Policies: .01 - .05 No change. .06 (a) In the exercise of their authority to determine the procedure for assigning RAES-eligible orders to Participating Market-Makers for execution, the appropriate FPCs have determined that in the absence of any specified alternative assignment methodology, an assigned Participating Market-Maker is required to buy/sell the entirety of each RAES order assigned to him up to the maximum size of RAES-eligible orders in that class of options. Alternatively, the appropriate FPC may specify that some or all options classes are subject to “Variable RAES”, the “100 Spoke RAES Wheel”, or with respect to index option classes only, the “1000 Spoke RAES Wheel”. Other than immediately after the Commission initially approves the Exchange to use Variable RAES (in which case Variable RAES may be implemented without the requisite notice), any time the appropriate FPC intends to discuss an issue related to the RAES allocation method the FPC must provide at least three days’ advance notice to the Exchange’s membership and must provide members with either the opportunity to provide written comments or the opportunity to appear at the meeting, or both regarding the proposed change. (b) No change. (c) Under the “100 Spoke RAES Wheel,” RAES orders would be assigned to logged-in market makers based on the percentage of their in-person agency contracts traded in that class (excluding RAES contracts traded) compared to all of the market-maker in-person agency contracts traded (excluding RAES contracts) during the review period. The review period will be determined by the appropriate Floor Procedure Committee and may be for any period not in excess of 10 trading days within the previous 30 calendar days. The trading days within the review period may be for non-consecutive trading days. The percentage distribution will be calculated at the conclusion of each trading day and will be applied to the 100 Spoke RAES Wheel distribution on the following trading day. On each revolution of the RAES wheel, subject to the exceptions described below, each participating RB4 July 27, 2005, Volume RB16, Number 30 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-24 continued Market-Maker (who is logged onto RAES at the time) will be assigned enough contracts to replicate his percentage of contracts on RAES that he traded in-person in that class during the review period. A participation percentage will be calculated for each MarketMaker for each class that the Market-Maker trades. For this purpose all DPM Designees of the same DPM unit will have their percentage aggregated into a single percentage for the DPM unit. Once a Market-Maker has logged onto RAES, he will be assigned contracts on the RAES Wheel until his Market-Maker participation percentage has been met. This may mean that multiple orders (or an order and a part of the succeeding order) will be assigned to the same Market-Maker on the Wheel.To understand how the RAES orders will actually be allocated to Market-Makers to meet those percentages, one must understand the concepts of “spokes” and “wedges.” A “spoke” is 1% of the RAES wheel and often may be equal to one contract. The appropriate Floor Procedure Committee may determine the number of contracts that make up one spoke. Each market-maker logged onto RAES for that class, regardless of his participation percentage, is entitled to be assigned at least one spoke on every revolution of the RAES wheel. For example, if a spoke equals one contract then there will be 100 contracts that will be assigned to market-makers on every revolution of the RAES Wheel. If a spoke is defined as five contracts then there will be 500 RAES contracts assigned to the participating marketmakers before the RAES wheel completes one revolution. Generally, the RAES Wheel will consist of the number of spokes replicating the cumulative percentage of all marketmakers logged onto the system who have a participation percentage plus one spoke for each market-maker that does not have a specific participation percentage. A “wedge” is the maximum number of spokes that a market-maker may be consecutively assigned at any one time on the RAES Wheel. Because the size of the wedge may be smaller than the number of contracts to which a particular marketmaker is entitled during one revolution of the RAES Wheel, that market-maker will receive more than one turn during one revolution of the RAES wheel. The wedge size will be variable, at the discretion of the appropriate Floor Procedure Committee and may be different for different classes or the same for all classes. The appropriate Floor Procedure Committee will notify the membership of each class of options that is subject to the “100 Spoke RAES Wheel”. (d) Under the “1000 Spoke RAES Wheel”, which may only be implemented in index option classes, all of the terms and provisions set forth in CBOE Rule 6.8.06(c) with respect to the 100 Spoke RAES Wheel shall apply to the 1000 Spoke RAES Wheel, except that (i) the 1000 Spoke RAES Wheel is comprised of 1000 spokes, each of which generally represents .1% of the 1000 Spoke RAES Wheel, and (ii) the appropriate Floor Procedure Committee shall determine on a class-by-class basis whether the assignment of RAES orders to logged-in Market-Makers is based on the percentage of a Market-Maker’s contracts traded in that index option class (excluding RAES contracts traded) compared to all Market-Maker contracts traded (excluding RAES contracts) during the review period, or the percentage of the Market-Maker’s in-person agency contracts traded in that class (excluding RAES contracts traded) compared to all Market-Maker in-person agency contracts traded (excluding RAES contracts) during the review period. The appropriate Floor Procedure Committee will notify the membership of each class of options that is subject to the “1000 Spoke RAES Wheel” and the method of allocation for RAES orders under the 1000 Spoke RAES Wheel. (e) The effectiveness of any other methodology for assigning RAES orders to Participating Market-Makers that may be adopted by an appropriate FPC shall be conditioned upon its having been filed with the Securities and Exchange Commission pursuant to Section 19(b) of the Securities Exchange Act of 1934. .07 - .09 July 27, 2005, Volume RB16, Number 30 No change. RB5 Rule Changes, Interpretations and Policies continued SR-CBOE-2004-63 Short Term Option Series On July 12, 2005, the SEC approved Rule Change File No. SR-CBOE-2004-63, which filing amends CBOE rules to allow the listing of equity and index option series that expire one week after being opened for trading (“Short Term Option Series”). (Securities Exchange Act Release No. 52011, 70 FR 41451 (July 19, 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 1.1 - Definitions When used in these Rules, unless the context otherwise requires: (a) Any term defined in Article I of the constitution and not otherwise defined in this Chapter shall have the meaning assigned to such term in such Article I. (b) – (aaa) No Change. Short Term Option (bbb) Short Term Option Series. A Short Term Option Series is a series in an option class that is approved for listing and trading on the Exchange in which the series is opened for trading on any Friday that is a business day and that expires on the next Friday that is a business day. If a Friday is not a business day, the series may be opened (or shall expire) on the first business day immediately prior to that Friday. ***** Rule 5.1 – Designation of Securities Rule 5.1. Securities dealt in on the Exchange are option contracts, each of which is designated by reference to the issuer of the underlying security, expiration month or expiration date, exercise price and type (put or call). ***** Rule 5.5. Option Contracts Open for Trading (a) After a particular class of options (call option contracts or put option contracts relating to a specific underlying security or calculated index) has been approved for listing and trading on the Exchange, the Exchange from time to time may open for trading series of options on that class. Only options contracts of series currently open for trading may be purchased or written on the Exchange. Prior to the opening of trading in a given series, the Exchange will fix the expiration month, year and exercise price of that series. For Short Term Option Series, the Exchange will fix a specific expiration date and exercise price, as provided in paragraph (d). (b) Except for Short Term Option Series, at the commencement of trading on the Exchange of a particular class of options, the Exchange usually will open three series of options for each expiration month in that class. The exercise price of each series will be fixed at a price per share, with at least one strike price above and one strike price below the price at which the underlying stock is traded in the primary market at about the time that class of options is first opened for trading on the Exchange. Paragraph (d) will govern the procedures for opening Short Term Options Series. RB6 July 27, 2005, Volume RB16, Number 30 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-24 continued (c) No Change. (d) Short Term Option Series Pilot Program. After an option class has been approved for listing and trading on the Exchange, the Exchange may open for trading on any Friday that is a business day (“Short Term Option Opening Date”) series of options on that class that expire on the next Friday that is a business day (“Short Term Option Expiration Date”). If the Exchange is not open for business on a Friday, the Short Term Option Opening Date will be the first business day immediately prior to that Friday. Similarly, if the Exchange is not open for business on a Friday, the Short Term Option Expiration Date will be the first business day immediately prior to that Friday. Regarding Short Term Option Series, no new Short Term Option Series may be added after the open of business on the Short Term Option Opening Date and no Short Term Option Series may expire in the same week in which monthly option series on the same class expire. The Exchange may continue to list Short Term Option Series until the Short Term Option Series Pilot Program expires on July 12, 2006. . . . Interpretations and Policies .01 - .02 No Change. .03 Except for Short Term Option Series, the Exchange usually will open four expiration months for each class of options open for trading on the Exchange: the first two being the two nearest months, regardless of the quarterly cycle on which that class trades; the third and fourth being the next two nearest term months (May and June) and the next two expiration months of the cycle (July and October).When the May series expires, the Exchange would add January series. When the June series expires, the Exchange would add August series as the next nearest month, and would not add April. Regarding Short Term Option Series, the Exchange may select up to five currently listed option classes on which Short Term Option Series may be opened on any Short Term Option Opening Date. In addition to the five-option class restriction, the Exchange also may list Short Term Option Series on any option classes that are selected by other securities exchanges that employ a similar Pilot Program under their respective rules. For each option class eligible for participation in the Short Term Option Series Pilot Program, the Exchange may open up to five Short Term Option Series for each expiration date in that class. The strike price of each Short Term Option Series will be fixed at a price per share, with at least two strike prices above and two strike prices below the value of the underlying security or calculated index value at about the time that Short Term Option Series is opened for trading on the Exchange. .04 - .08 No Change. .09 The interval between strike prices on Short Term Option Series shall be the same as the strike prices for series in that same option class that expire in accordance with the normal monthly expiration cycle. ***** July 27, 2005, Volume RB16, Number 30 RB7 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-24 continued Rule 24.1 Definitions (a) – (x) No Change. Short Term Option Series (y) The term “Short Term Option Series” means, for the purposes of Chapter XXIV, a series in an index option class that is approved for listing and trading on the Exchange in which the series is opened for trading on any Friday that is a business day and that expires on the next Friday that is a business day. If a Friday is not a business day, the series may be opened (or shall expire) on the first business day immediately prior to that Friday. ***** Rule 24.4 Position Limits for Broad-Based Index Options (a) – (d) No Change. (e) Positions in Short Term Option Series shall be aggregated with positions in options contracts on the same index. Rule 24.4A Position Limits for Industry Index Options (a) – (c) No Change. (d) Positions in Short Term Option Series shall be aggregated with positions in options contracts on the same index. ***** Rule 24.9 Terms of Index Option Contracts Rule 24.9(a) General. (1) No Change. (2) Expiration Months. Index option contracts may expire at three-month intervals or in consecutive months. The Exchange may list up to six expiration months at any one time, but will not list index options that expire more than twelve months out. Notwithstanding the preceding restriction, until the expiration in November 2004, the Exchange may list up to seven expiration months at any one time for the SPX, MNX and DJX index option contracts, provided one of those expiration months is November 2004. Short Term Option Series Pilot Program. Notwithstanding the preceding restriction, after an index option class has been approved for listing and trading on the Exchange, the Exchange may open for trading on any Friday that is a business day (“Short Term Option Opening Date”) series of options on that class that expire on the next Friday that is a business day (“Short Term Option Expiration Date”). If the Exchange is not open for business on a Friday, the Short Term Option Opening Date will be the first business day immediately prior to that Friday. Similarly, if the Exchange is not open for business on a Friday, the Short Term Option Expiration Date will be the first business day immediately prior to that Friday. RB8 July 27, 2005, Volume RB16, Number 30 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-24 continued The Exchange may continue to list Short Term Option Series until the Short Term Option Series Pilot Program expires on July 12, 2006. Regarding Short Term Option Series, the Exchange may select up to five currently listed option classes on which Short Term Option Series may be opened on any Short Term Option Opening Date. In addition to the five-option class restriction, the Exchange also may list Short Term Option Series on any option classes that are selected by other securities exchanges that employ a similar Pilot Program under their respective rules. For each index option class eligible for participation in the Short Term Option Series Pilot Program, the Exchange may open up to five Short Term Option Series on index options for each expiration date in that class. The strike price of each Short Term Option Series will be fixed at a price per share, with at least two strike prices above and two strike prices below the calculated value of the underlying index at about the time that Short Term Option Series is opened for trading on the Exchange. No Short Term Option Series on an index option class may expire in the same week during which any monthly option series on the same index class expire or, in the case of QIXs, in the same week during which the QIXs expire. (3) – (5) No Change. (b) – (c) No Change. . . . Interpretations and Policies: .01 - .11 No Change. .12 The interval between strike prices on Short Term Option Series shall be the same as the strike prices for series in that same index option class that expire in accordance with the normal monthly expiration cycle. 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-2005-56 Six-Month Extension for Market-Maker Quote Size Pilot Program On July 15, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-56, which filing amends CBOE Rule 8.7 to extend for an additional six months CBOE’s Pilot Program that allows Market-Makers to submit an undecremented electronic quotation of a size as low as 1-contract (“1-up”) when the underlying primary market for the option disseminates a 1-up market. Any questions regarding the rule change may be directed to Patrick Sexton, Legal Division, at 312-786-7467. The text of the proposed rule amendments is set forth below. Proposed new language is underlined. Proposed deleted language is [bracketed and stricken out]. Rule 8.7 – Obligations of Market-Makers (a)-(c) July 27, 2005, Volume RB16, Number 30 No change. RB9 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-55 continued (d) Market Making Obligations in Hybrid Classes The following obligations in this paragraph (d) are only applicable to Market-Makers trading classes on the CBOE Hybrid System and only in those Hybrid classes. As such, this paragraph has no applicability to non-Hybrid classes. This paragraph is not applicable to Remote Market-Makers, who instead will be subject to the obligations imposed by Rule 8.7(e). Unless otherwise provided in this Rule, Market-Makers trading classes on the Hybrid System remain subject to all obligations imposed by CBOE Rule 8.7. To the extent another obligation contained elsewhere in Rule 8.7 is inconsistent with an obligation contained in paragraph (d) of Rule 8.7 with respect to a class trading on Hybrid, this paragraph (d) shall govern trading in the Hybrid class. These requirements are applicable on a per class basis depending upon the percentage of volume a Market-Maker transacts electronically versus in open outcry. With respect to making this determination, the Exchange will monitor MarketMakers’ trading activity every calendar quarter to determine whether they exceed the thresholds established in this paragraph (d). If a Market-Maker exceeds the threshold established below, the obligations contained in (d)(ii) will be effective the next calendar quarter. For a period of ninety (90) days commencing immediately after a class begins trading on the Hybrid system, the provisions of paragraph (d)(i) shall govern trading in that class. (i) Market-Maker Trades Less Than 20% Contract Volume Electronically: If a Market-Maker on the CBOE Hybrid System never transacts more than 20% (i.e., he trades 20% or less) of his contract volume electronically in an appointed Hybrid class during any calendar quarter, the following provisions shall apply to that Market-Maker with respect to that class: (A) No change. (B) Continuous Electronic Quoting Obligation: The Market-Maker will not be obligated to quote electronically in any designated percentage of series within that class. If a Market-Maker quotes electronically, its undecremented quote must be for at least ten contracts (“10-up”), unless the underlying primary market disseminates a 100-share quote, in which case the Market-Maker’s undecremented quote may be for as low as 1contract (“1-up”). The ability to quote 1-up when the underlying primary quotes 100 shares is expressly conditioned on the process being automated (i.e., a Market-Maker may not manually adjust his quotes to reflect 1-up sizes). Quotes must automatically return to at least 10-up when the underlying primary market no longer disseminates a 100-share quote. Market-Makers that have not automated this process may not avail themselves of the relief provided herein. The ability to quote 1-up shall operate on a pilot basis and shall terminate [August 17, 2005] February 17, 2006. RB10 (C) No change. (D) No change. July 27, 2005, Volume RB16, Number 30 Rule Changes, Interpretations and Policies continued SR-CBOE-2004-56 continued (ii) Market-Maker Trades More Than 20% Contract Volume Electronically: If a Market-Maker on the CBOE Hybrid System transacts more than 20% of his contract volume electronically in an appointed Hybrid class during any calendar quarter, commencing the next calendar quarter he will be subject to the following quoting obligations in that class for as long as he remains in that class: (A) No change. (B) Continuous Quoting Obligation: A Market-Maker will be required to maintain continuous electronic two-sided quotes for at least ten contracts (undecremented size) in 60% of the series of his/her appointed classes. If the underlying primary market disseminates a 100-share quote, a Market-Maker’s undecremented quote may be for as low as 1-contract (“1-up”), however, this ability is expressly conditioned on the process being automated (i.e., a Market-Maker may not manually adjust his quotes to reflect 1-up sizes). Quotes must automatically return to at least 10-up when the underlying primary market no longer disseminates a 100-share quote. Market-Makers that have not automated this process may not avail themselves of the relief provided herein. The ability to quote 1-up shall operate on a pilot basis and shall terminate [August 17, 2005] February 17, 2006. (C) No change. (e) Obligations of Remote Market-Makers (RMMs): The following obligations apply only to RMMs. (i) RMMs must provide continuous two-sided, legal-width quotations in 60% of the series of their appointed classes. The initial size of an RMM’s quote must be for at least ten contracts (undecremented size). The Exchange may consider exceptions to this quoting requirement based on demonstrated legal or regulatory requirements or other mitigating circumstances (e.g., excused leaves of absence, personal emergencies, or equipment problems). If the underlying primary market disseminates a 100-share quote, an RMM’s undecremented quote may be for as low as 1-contract (“1-up”), however, this ability is expressly conditioned on the process being automated (i.e., an RMM may not manually adjust its quotes to reflect 1-up sizes). Quotes must automatically return to at least 10-up when the underlying primary market no longer disseminates a 100share quote. RMMs that have not automated this process may not avail themselves of the relief provided herein. The ability to quote 1-up shall operate on a pilot basis and shall terminate [August 17, 2005] February 17, 2006. (ii) – (vi) No change. July 27, 2005, Volume RB16, Number 30 RB11