October 7, 2005 Exchange Bulletin Volume 33, Number 40 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, OCTOBER 7, 2005 CLASS BID CBOE $500,000.00 OFFER LAST SALE AMOUNT $645,000.00 LAST SALE DATE $625,000.00 October 6, 2005 CBOT FULL MEMBERSHIP CLASS BID With CBOE Exercise Right $2,185,000.00 Without CBOE Exercise Right $2,000,000.00 $20,000.00 CBOE Exercise Right OFFER LAST SALE AMOUNT $2,350,000.00 LAST SALE DATE $2,155,000.00 October 4, 2005 $0.00 $1,900,000.00 October 4, 2005 $100,000.00 $98,000.00 October 4, 2005 CBOE MEMBERSHIP SALES AND TRANSFERS From Charles J. Peres To R&D Partnership Price/Transfer $625,000.00 Date 10/6/2005 Page 2 October 7, 2005 Volume 33, Number 40 Chicago Board Options Exchange Information Circular IC05-131 Date: September 30, 2005 To: Membership From: Nominating Committee Re: Candidates Nominated for Board of Directors and Nominating Committee The Nominating Committee held meetings and conducted interviews to consider candidates for expiring terms on the Board of Directors and Nominating Committee. After careful consideration and deliberation, the Nominating Committee selected the following nominees for these positions. The nominees are listed alphabetically in each category with a notation indicating the available positions for which each nominee is eligible. The membership will be asked to vote on the Nominating Committee’s recommended slate of nominees at the Annual Election Meeting that will be held on Thursday, November 17, 2005. Board of Directors Candidate Nominated for Floor Director (One Available Position – 3-Year Term, Class I) Edward Tilly Managing Member, KATL Group, LLC Eligible for Floor Director Candidate Nominated for Lessor Director (One Available Position – 3-Year Term, Class I) William Power Eligible for Lessor Director Candidates Nominated for Public Director (Three Available Positions – 3-Year Terms, Class I) James Boris Retired Chairman and Chief Executive Officer, EVEREN Capital Corporation and EVEREN Securities, Inc. Eligible for Public Director Carole Stone Former Director, New York State Division of the Budget Eligible for Public Director Eugene Sunshine Senior Vice President for Business and Finance, Northwestern University Eligible for Public Director Nominating Committee Candidate Nominated for Firm Member (One Available Position – 3-Year Term) Peter Bottini Executive Vice President - Trading/Customer Service, optionsXpress, Inc. Eligible for Firm Member Candidates Nominated for Floor Member (Two Available Positions – 3-Year Term and 1-Year Term) Dennis Carta Partner, Ronin Capital, LLC Eligible for Floor Member (3-Year Term) Richard Fuller Trader DPM/Partner, G-Bar Limited Partnership Eligible for Floor Member (1-Year Term) Page 3 October 7, 2005 Volume 33, Number 40 Chicago Board Options Exchange Candidate Nominated for Lessor Member (One Available Position – 3-Year Term) Jeffrey Kirsch Eligible for Lessor Member Candidate Nominated for Public Member (One Available Position – 3-Year Term) J. Douglas Gray Managing Director, Braydon Partners, LLC Eligible for Public Member The following persons currently serve on the Nominating Committee: Gerald McNulty (GMC) (Chairman), Terrence Andrews (TAN), Lawrence Blum, Anthony Carone (AJC), Daniel Carver (DPC), Thomas Durkin, Timothy Feeney (FNY), Donald Jacobs, Kenneth Mueller (OBE), and Nickolas Neubauer. ***** Qualified individuals may petition to run against slated candidates for the Board of Directors and Nominating Committee by obtaining the signatures of at least 100 voting members of the Exchange and submitting those names and signatures to the Office of the Secretary no later than 5:00 p.m. (Chicago time) on Monday, October 31, 2005. All candidates must satisfy the applicable qualifications at the time of their nomination and at the time of election. The Executive Committee is the sole judge of whether a candidate nominated by petition satisfies the applicable qualification criteria. Brief biographies for all candidates will be included with the voting materials for the Annual Election Meeting. If you have any questions regarding the petition process, please call Joanne Moffic-Silver at (312) 786-7462 or Jaime Galvan at (312) 7867058. DPM APPOINTMENT TRANSFER PROPOSAL – September 29, 2005 This notice is given in accordance with the procedures utilized by the MTS Committee under CBOE Rule 8.89 in considering DPM appointment transfer proposals. Under Rule 8.89, the MTS Committee posts notice of any proposal by a DPM involving greater than a nominal transfer of interest in the DPM’s organization. During the posting period, members may submit to the MTS Committee written comments and/or written alternative proposals. Following the posting period, the MTS Committee will determine what action to take regarding the proposal based on the factors enumerated in Rule 8.89 and the accompanying guidelines issued by the Board of Directors. The MTS Committee has not yet made any determination regarding whether to approve or disapprove the proposal described below, and the posting of the proposal does not imply that the MTS Committee has reached a particular determination with respect to the proposal. The MTS Committee has received a proposal from SLK-Hull Derivatives, LLC (“SHD”), a member organization operating as a DPM, regarding a transfer of its DPM appointments to PEAK6 Capital Management LLC (“PEAK6”). The SHD DPMs are located at Post 1 Station 4, Post 1 – Station 5, Post 1 – Station 9, and Post 1 – Station 10. The current PEAK6 ownership structure is as follows: PEAK6 Investments LP - 100%, the General Partner of which is PEAK6, LLC. Under the proposal, SHD would transfer all of its DPM appointment to PEAK6 and several SHD personnel also will be transferring to PEAK6. Gavin Lowrey would oversee PEAK6’s DPM operations. Any written comments and/or alternative written proposals must be received by the MTS Committee, in care of Daniel Hustad, Business Development Division (312-786-7715), on or before October 12, 2005. Unless otherwise requested, any written comments and/or alternative written proposals will be made available for review by the membership. For additional information regarding this posting, please contact Daniel Hustad at the number provided above. Page 4 October 7, 2005 Volume 33, Number 40 Chicago Board Options Exchange DPM APPOINTMENT TRANSFER PROPOSAL – October 5, 2005 This notice is given in accordance with the procedures utilized by the MTS Committee under CBOE Rule 8.89 in considering DPM appointment transfer proposals. Under Rule 8.89, the MTS Committee posts notice of any proposal by a DPM involving greater than a nominal transfer of interest in the DPM’s organization. During the posting period, members may submit to the MTS Committee written comments and/or written alternative proposals. Following the posting period, the MTS Committee will determine what action to take regarding the proposal based on the factors enumerated in Rule 8.89 and the accompanying guidelines issued by the Board of Directors. The MTS Committee has not yet made any determination regarding whether to approve or disapprove the proposal described below, and the posting of the proposal does not imply that the MTS Committee has reached a particular determination with respect to the proposal. The MTS Committee has received a proposal from Citadel Derivatives Group, LLC (“Citadel”), a member organization operating as a DPM, regarding a transfer of its DPM appointments. The Citadel DPM is located at Post 4 - Station 5. Currently, Citadel’s ownership structure is as follows: Citadel Wellington, LLC – 99%, Citadel Limited Partnership – 1%. Under the proposal, Citadel would transfer all of its DPM appointments to Susquehanna International Group, LLP (“SIG”) and Paul Jiganti of SIG would assume responsibility for overseeing the operations of the DPM on behalf of SIG. Any written comments and/or alternative written proposals must be received by the MTS Committee, in care of Daniel Hustad, Business Development Division (312-786-7715), on or before October 18, 2005. Unless otherwise requested, any written comments and/or alternative written proposals will be made available for review by the membership. For additional information regarding this posting, please contact Daniel Hustad at the number provided above. MEMBERSHIP INFORMATION FOR 9/29/05 THROUGH 10/5/05 MEMBERSHIP APPLICATIONS RECEIVED FOR WHICH A POSTING PERIOD IS REQUIRED Individual Membership Applicants Date Posted Burton P. Bilfeld, Lessor 1217 W. Roscoe St. Chicago, IL 60657 10/4/05 Charles C. Sorsby, Lessor 100 E. Huron St., Suite 3140 Chicago, IL 60611 10/5/05 Member Organization Applicants Date Posted Genesis Options Trading LLC 220 Montgomery St., #500 San Francisco, CA 94104 Allan J. Leong – Operating Manager 10/3/05 MEMBERSHIP LEASES Effective Date Lessor: Botta Specialist, LLC 10/3/05 Lessee: BOTTA Capital Management LLC Kelly C. Luthringshausen, NOMINEE Rate: 1.125% Term: Monthly Lessor: Timothy C. Boyd Lessee: Goldman Sachs & Co. Eric T. McGoey, NOMINEE Rate: 1.2455% Term: Monthly 10/3/05 Lessor: Geneva Stock, LLC Lessee: Geneva Trading LLC Joseph T. Pultz, NOMINEE Rate: 1.2455% Term: Monthly 10/3/05 Lessor: Jeffry T. Mandell Lessee: Everest Trading, LLC Brooks C. Taylor, NOMINEE Rate: 1.00% Term: Monthly 10/3/05 10/3/05 New Leases Effective Date Lessor: Mike Koress Lessee: Brian Ludden LLC Brian F. Ludden, NOMINEE Rate: 1.2393% Term: Monthly 9/29/05 Lessor: Howard I. Lidov Lessee: Wolverine Trading LLC James W. Moore, NOMINEE Rate: 1.2455% Term: Monthly 10/3/05 Lessor: Harry L. Cody Lessee: Brian Ludden LLC David A. Ludden, NOMINEE Rate: 1.2393% Term: Monthly 9/29/05 Lessor: Bear Wagner Specialists LLC Lessee: KV Execution Services, LLC Frederick A. Gahl, NOMINEE Rate: 1.25% Term: Monthly 10/3/05 Lessor: OAKPORTE, LP Lessee: Brian Ludden LLC Jeffrey D. Gehrke, NOMINEE Rate: 1.25% Term: Monthly 9/29/05 Lessor: Ilene M. Resnick Garber Lessee: Zydeco Trading LLC Rate: 1.00% Term: Monthly 10/3/05 Lessor: W. Thomas Jones LLC Lessee: Sallerson-Troob LLC Garett J. Nesbitt, NOMINEE Rate: $6,200.00 Term: 6 Months 10/3/05 Lessor: Gloria and David Company Lessee: Sallerson-Troob LLC Matthew J. Sheldon, NOMINEE Rate: 1.125% Term: Monthly Lessor: Berton Rubin Lessee: Sallerson-Troob LLC Mark Wolicki, NOMINEE Rate: 1.125% Term: Monthly 10/3/05 Lessor: William Toll & Co. Lessee: Sling Trading LLC Gregory J. Olson, NOMINEE Rate: 1.2455% Term: Monthly 10/3/05 Page 5 October 7, 2005 Volume 33, Number 40 Chicago Board Options Exchange Effective Date Lessor: Dru Options Lessee: WDG Trading, LLC Phillip Dop, NOMINEE Rate: 1.125% Term: Monthly 10/3/05 Lessor: John Ferro Lessee: Ronin Capital, LLC Brian G. Hunt, NOMINEE Rate: 1.2455% Term: Monthly 10/4/05 Lessor: O & R Options Co. Lessee: Vintage Capital LLC Daniel P. Scadron, NOMINEE Rate: 1.125% Term: Monthly 10/5/05 Terminated Leases Termination Date Lessor: OAKPORTE, LP 9/29/05 Lessee: Northern Access LLC Jeffrey D. Gehrke (GKE), NOMINEE Termination Date Lessor: Karen E. Strano Lessee: BOTTA Capital Management LLC David L. Seidman (SZE), NOMINEE 10/3/05 Lessor: Dru Options Lessee: Harrison Trading Group, LLC Phillip Dop (DOP), NOMINEE 10/3/05 Lessor: Gahl & Schwartz Inc. Lessee: KV Execution Services, LLC Frederick A. Gahl (FG), NOMINEE 10/3/05 Lessor: Jeffry T. Mandell Lessee: DZL Options Inc. David R. Zalesky (DZL), NOMINEE 10/3/05 Lessor: General Options Limited 10/3/05 Partnership Lessee: BOTTA Capital Management LLC Kelly C. Luthringshausen (KCL), NOMINEE 9/29/05 Lessor: Lawrence C. Kaufman Lessee: Sallerson-Troob LLC Garett J. Nesbitt (NEZ), NOMINEE 10/3/05 Lessor: Harry L. Cody Lessee: Northern Access LLC David A. Ludden (DAL), NOMINEE 9/29/05 Lessor: O & R Options Co. Lessee: Everest Trading, LLC Brooks C. Taylor (BCT), NOMINEE 10/3/05 Lessor: Mike Koress Lessee: Northern Access LLC Brian F. Ludden (LDO), NOMINEE Lessor: John Ferro Lessee: Sling Trading LLC Gregory J. Olson (IGO), NOMINEE 10/3/05 Lessor: Howard I. Lidov 10/3/05 Lessee: S & W Grain Co. Brian M. Connelly (BCC), NOMINEE Lessor: Theodore E. Darch Lessee: Geneva Trading LLC Joseph T. Pultz (JTP), NOMINEE 10/3/05 Lessor: Joseph A. Pirus Lessee: Quiet Light Securities LLC Kirk M. Wojak (WOJ), NOMINEE 10/3/05 Lessor: Richard W. Aaron Lessee: JPE Options Inc. Joseph P. Perona (JPE), NOMINEE 10/3/05 Lessor: John R. Power 10/3/05 Lessee: Zydeco Trading LLC Matthew J. Sheldon (SHL), NOMINEE Lessor: Berton Rubin Lessee: Zydeco Trading LLC Mark Wolicki (IKI), NOMINEE 10/3/05 Lessor: EWT LLC 10/3/05 Lessee: Consolidated Trading, LLC Mei Mei Christine Chan (WOW), NOMINEE Lessor: George D. Hinchcliff 10/3/05 Lessee: Platinum Financial LLC Andrew KT Powers (AKP), NOMINEE Lessor: Botta Specialist, LLC Lessee: William J. Popper (WAP) 10/3/05 Lessor: Ilene M. Resnick Garber Lessee: SMC Option Management LLC 10/3/05 Lessor: William A. Rosen Lessee: Jackson Financial Group, Inc. 10/3/05 Lessor: Geneva Stock, LLC Lessee: CTC LLC 10/3/05 Lessor: Patrick J. English 10/3/05 Lessee: Quiet Light Securities LLC James C. Kowalski (JCK), NOMINEE Lessor: Gloria And David Company Lessee: Zydeco Trading LLC 10/3/05 MEMBERSHIP TERMINATIONS Lessor: Charles J. Peres 10/3/05 Lessee: Zydeco Trading LLC Christopher M. Quander (IQI), NOMINEE Individual Members CBT Exercisers: Termination Date Lessor: Joel E. Frazin Lessee: BOTTA Capital Management LLC 10/3/05 10/4/05 Lessor: William Toll & Co. Lessee: Geneva Trading LLC 10/3/05 Tim R. Wipert 1415 N. Dearborn, #27B Chicago, IL 60610 CBT Registered For: Termination Date Lessor: Timothy C. Boyd Lessee: BBS Partners LLC Steven R. Baer (SRB), NOMINEE 10/3/05 David S. Fleming (DSF) G-Bar Limited Partnership 1040 Oak Knoll Drive Lake Forest, IL 60045 10/3/05 Page 6 October 7, 2005 Volume 33, Number 40 Chicago Board Options Exchange Termination Date Termination Date Michael T. Kalchbrenner (MTK) Panos Trading Limited Partnership 440 S. LaSalle, Suite 743 Chicago, IL 60605 10/3/05 James D. Sullivan (JDS) Navillus, Inc. 9235 S. Winchester Chicago, IL 60620 10/3/05 M. Eoin Mast Link Strategies, LP 178 Mendham Road Morristown, NJ 07960 10/3/05 Ivan Tchorbadjiyski (ILT) Sparta Group Of Chicago, LP 440 S. LaSalle, Suite 2101 Chicago, IL 60605 10/3/05 Daniel J. Coyne (CDJ) Coyne Trading, LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 10/3/05 Mark D. Freund (KYL) PFTC LLC 10049 S Seeley Ave. Chicago, IL 60643 10/3/05 Paul K. Suvak (SUV) PKS Trading LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 10/3/05 David R. Zalesky (DZL) DZL Options Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 10/3/05 Nominee(s) / Inactive Nominee(s): Termination Date Member Organizations Eren Levi (ERN) Sparta Group Of Chicago, LP 440 S. LaSalle, Suite 2101 Chicago, IL 60605 9/29/05 CBT Registered For: Termination Date Link Strategies, LP 7 Alta Court West Windsor, NJ 08550 10/3/05 Joseph Feldman (TMF) Equitec-Schwartz, LLC 141 W. Jackson, Suite 300 Chicago, IL 60604 9/29/05 TEV LLC 440 S. LaSalle, Suite 1749 Chicago, IL 60605 10/3/05 William P. Litgen (LTG) Northern Access LLC 440 S. LaSalle, Suite 1569 Chicago, IL 60605 9/29/05 Coyne Trading, LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 10/3/05 9/29/05 PKS Trading LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 10/3/05 Daniel P. Scadron (DPS) Northern Access LLC 440 S. LaSalle, 9th Floor Chicago, IL 60605 10/3/05 Patrick S. Hamilton (HUK) BBS Partners LLC 440 S. LaSalle, Suite 623 Chicago, IL 60605 10/3/05 Cool Breeze Inc. 440 S. LaSalle, Suite 1822 Chicago, IL 60605 Lessee(s): Termination Date 10/3/05 DZL Options Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 10/3/05 Andrew KT Powers (AKP) Platinum Financial LLC 440 S. LaSalle, Suite 713 Chicago, IL 60605 10/3/05 Scott M. Kaplan (SKQ) Quiet Light Securities LLC 141 W. Jackson, Suite 2020A Chicago, IL 60604 10/3/05 Harrison Trading Group, LLC 601 S. LaSalle, Suite 200 Chicago, IL 60605 David Plandowski (DXP) Zydeco Trading LLC 440 S. LaSalle, Suite 3100 Chicago, IL 60605 10/3/05 Timothy L. Spears (HKT) Quiet Light Securities LLC 141 W. Jackson, Suite 2020A Chicago, IL 60604 10/3/05 W. Thomas Jones (MZE) W. Thomas Jones LLC 440 S. LaSalle, Suite 950 Chicago, IL 60605 10/3/05 Donald D. Ziol (DZD) Consolidated Trading, LLC 440 S. LaSalle, Suite 3100 Chicago, IL 60605 10/3/05 EFFECTIVE MEMBERSHIPS Individual Members CBT Registered For: Effective Date David R. Zalesky (DZL) 10/5/05 DZL Options Inc. 440 S. LaSalle, Suite 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Page 7 October 7, 2005 Volume 33, Number 40 Chicago Board Options Exchange New Accounts Acronym Effective Date Ivan Tchorbadjiyski (ILT) 9/29/05 Sparta Group Of Chicago, LP 440 S. LaSalle, Suite 2101 Chicago, IL 60605 Type of Business to be Conducted: Market Maker David A. Ludden QBR 9/29/05 Benjamin W. Phillips QDR 10/3/05 Mark E. Westcott QDR 10/3/05 Sloan M. Smith (SLN) 9/30/05 Botta Specialist, LLC 440 S. LaSalle, Suite 960 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Terminated Participants Acronym Termination Date Eren Levi QUB 9/29/05 Andrew KT Powers QZA 10/3/05 Eric T. McGoey (GOO) 10/3/05 Goldman Sachs & Co. 440 S. LaSalle Chicago, IL 60605 Type of Business to be Conducted: Market Maker Timothy L. Spears QHJ 10/3/05 Timothy L. Spears QHN 10/3/05 Scott M. Kaplan QHJ 10/3/05 James W. Moore (JIM) 10/3/05 Wolverine Trading LLC 1048 N. Ashland Chicago, IL 60622 Type of Business to be Conducted: Market Maker/Floor Broker Scott M. Kaplan QHD 10/3/05 David Plandowski QZK 10/3/05 Michael T. Kalchbrenner QTF 10/3/05 Daniel P. Scadron (DPS) 10/5/05 Vintage Capital LLC 440 S. LaSalle, 9th Floor Chicago, IL 60605 Type of Business to be Conducted: Market Maker Michael T. Kalchbrenner QVV 10/3/05 Donald D. Ziol QCI 10/3/05 Donald D. Ziol QRI 10/3/05 Member Organizations Mark D. Freund QPT 10/3/05 Mark Wolicki QDZ 10/3/05 Mark Wolicki QKX 10/3/05 Mark Wolicki QZK 10/3/05 Matthew J. Sheldon QKX 10/3/05 Matthew J. Sheldon QZK 10/3/05 Terminated Accounts Acronym Termination Date Brian F. Ludden QLN 9/29/05 David A. Ludden QLN 9/29/05 Jeffrey D. Gehrke QLN 9/29/05 William P. Litgen QLN 9/29/05 Nominee(s) / Inactive Nominee(s): CBT Registered For: Effective Date Effective Date WDG Trading, LLC 10/3/05 601 S. LaSalle, Suite 200 Chicago, IL 60605 Type of Business to be Conducted: Market Maker DZL Options Inc. 10/5/05 440 S. LaSalle, Suite 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Lessee(s): Effective Date Brian Ludden LLC 9/29/05 2775 N. Kenmore Chicago, IL 60614 Type of Business to be Conducted: Market Maker JOINT ACCOUNTS Daniel P. Scadron QLN 9/29/05 New Participants Acronym Effective Date Scott C. England QLN 9/29/05 Michael T. Cohn QCM 9/29/05 Paul Aronson QNG 10/3/05 Sloan M. Smith QYZ 9/30/05 Brian J. Dowling QNG 10/3/05 Sloan M. Smith QLZ 9/30/05 Jonathon Coe QNG 10/3/05 Eric T. McGoey QKG 10/3/05 Michael A. Giangiorgi QNG 10/3/05 Eric T. McGoey QRA 10/3/05 John M. Homan QNG 10/3/05 Timothy G. McMahon QWZ 10/4/05 Matthew M. Koenig QNG 10/3/05 New Accounts Acronym Effective Date Timothy S. McGugan QNG 10/3/05 Jeffrey D. Gehrke QBR 9/29/05 Matthew D. Peters QNG 10/3/05 Brian F. Ludden QBR 9/29/05 Steven Stefancic QNG 10/3/05 Page 8 October 7, 2005 Volume 33, Number 40 Terminated Accounts Acronym M. Neil Hebb QKN 10/3/05 M. Neil Hebb QRF 10/3/05 Phillip Dop QRL 10/3/05 Jeffrey W. Schneider QRF 10/3/05 Simon Eric Amich QKN 10/3/05 Simon Eric Amich QRF 10/3/05 Tim R. Wipert QWR 10/4/05 CHANGES IN MEMBERSHIP STATUS Individual Members Chicago Board Options Exchange Termination Date Effective Date Brian F. Ludden 9/29/05 From: Nominee For Northern Access LLC; Market Maker To: Nominee For Brian Ludden LLC; Market Maker David A. Ludden 9/29/05 From: Nominee For Northern Access LLC; Market Maker To: Nominee For Brian Ludden LLC; Market Maker Effective Date John R. Connolly 10/3/05 From: Nominee For SMC Option Management LLC; Market Maker/Floor Broker To: CBT Registered For SMC Option Management LLC; Market Maker Phillip Dop 10/3/05 From: Nominee For Harrison Trading Group, LLC; Market Maker To: Nominee For WDG Trading, LLC; Market Maker S. Jason Harris 10/3/05 From: CBT Registered For Harrison Trading Group, LLC; Market Maker To: CBT Registered For WDG Trading, LLC; Market Maker M. Neil Hebb 10/3/05 From: CBT Registered For Harrison Trading Group, LLC; Market Maker To: CBT Registered For WDG Trading, LLC; Market Maker Brian M. Connelly 10/3/05 From: Nominee For S & W Grain Co.; Market Maker To: CBT Registered For S & W Grain Co.; Market Maker Jeffrey D. Gehrke 9/29/05 From: Nominee For Northern Access LLC; Market Maker To: Nominee For Brian Ludden LLC; Market Maker Jeffrey W. Schneider 10/3/05 From: CBT Registered For Harrison Trading Group, LLC; Market Maker To: CBT Registered For WDG Trading, LLC; Market Maker Steven R. Baer 10/3/05 From: Nominee For BBS Partners LLC; Market Maker To: CBT Registered For BBS Partners LLC; Market Maker Matthew J. Sheldon 10/3/05 From: Nominee For Zydeco Trading LLC; Market Maker To: Nominee For Sallerson-Troob LLC; Market Maker Mitchell D. Schoenfeld 10/3/05 From: CBT Registered For Cool Breeze Inc.; Market Maker/ Floor Broker To: CBT Registered For Geneva Trading LLC; Market Maker Steven I. Malitz 10/3/05 From: CBT Registered For TEV LLC; Market Maker To: CBT Registered For Cassandra Trading Group, LLC; Market Maker Joseph P. Perona 10/3/05 From: Nominee For JPE Options Inc.; Market Maker To: CBT Registered For JPE Options Inc.; Market Maker Chad R. Gramann 10/3/05 From: CBT Registered For Harrison Trading Group, LLC; Market Maker To: CBT Registered For WDG Trading, LLC; Market Maker Patrick W. Wagoner 10/3/05 From: Nominee For Susquehanna Investment Group; Market Maker/Floor Broker To: CBT Registered For Susquehanna Investment Group; Market Maker/Floor Broker RVA Geneva Trading LLC RMM 10/3/05 From: Nominee For Geneva Trading LLC; Market Maker To: CBT Registered For Geneva Trading LLC; Market Maker Mark Wolicki 10/3/05 From: Nominee For Zydeco Trading LLC; Market Maker To: Nominee For Sallerson-Troob LLC; Market Maker Scott C. Rives 10/3/05 From: Nominee For Susquehanna Investment Group; Market Maker/Floor Broker To: CBT Registered For Susquehanna Investment Group; Market Maker/Floor Broker Scott N. Stoliar 10/3/05 From: CBT Registered For Harrison Trading Group, LLC; Market Maker To: CBT Registered For WDG Trading, LLC; Market Maker William J. Popper From: Lessee; Market Maker To: CBT Exerciser; Market Maker 10/3/05 Spencer D. Worley 10/5/05 From: Nominee For Susquehanna Investment Group; Market Maker/Floor Broker To: CBT Registered For Susquehanna Investment Group; Market Maker/Floor Broker Member Organizations Effective Date Jackson Financial Group, Inc. 10/3/05 From: Owner/Lessee; Associated with a Market Maker/ Remote Market Maker To: Owner; Associated with a Market Maker/Remote Market Maker Geneva Trading LLC 10/3/05 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/Remote Market Maker BBS Partners LLC 10/3/05 From: Lessee/Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker/Floor Broker To: Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker Page 9 October 7, 2005 Volume 33, Number 40 Effective Date JPE Options Inc. 10/3/05 From: Lessee; Associated with a Market Maker To: CBT Registered For; Associated with a Market Maker W. Thomas Jones LLC 10/3/05 From: Owner; Associated with a Market Maker/Floor Broker To: Lessor Cassandra Trading Group LLC 10/3/05 From: Lessee/Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker/Floor Broker To: Lessee/Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker/Floor Broker/Remote Market Maker Chicago Board Options Exchange MEMBER ADDRESS CHANGES Individual Members Effective Date Trevor Wenberg 175 W. Jackson, Suite 1650 Chicago, IL 60604 9/29/05 Krzysztof Zarczynski 2150 W. Addison #2 Chicago, IL 60618 10/5/05 POSITION LIMIT CIRCULARS Pursuant to Exchange Rule 4.11, the Exchange issued the below listed Position Limit Circulars from October 3 to October 4, 2005. The complete circulars are available from the Department of Market Regulation, in the data information bins on the 2nd Floor of the Exchange, and on the CBOE website at cboe.com under the “Market Data” tab. To receive regular updates of the position limit list via fax, contact Candice Nickrand at (312) 786-7730. Questions concerning position and exercise limits may be directed to the Department of Market Regulation to Dan Earner at (312) 786-7059 or Tim Mac Donald at (312) 786-7706. Position Limit Circular PL05-45 October 3, 2005 The Gillette Company (“G/VZG/WZG”) merger completed with Aquarium Acquisition Corp., a wholly owned subsidiary of The Procter & Gamble Company (“PG/VPG/WPG”) Effective Date October 3, 2005 Position Limit Circular PL05-47 October 4, 2005 Guilford Pharmaceuticals, Inc. (“GLFD/GQF/OUC”) merger completed with Granite Acquisition, Inc., a wholly owned subsidiary of MGI PHARMA, INC. (“MOGN/QOG/VFG/YYW”) Effective Date October 4, 2005 Position Limit Circular PL05-46 October 3, 2005 Providian Financial Corporation (“PVN/VQV/WVR”) merger completed with Washington Mutual, Inc. (“WM/VWI/WWI”) Effective Date October 3, 2005 RESEARCH CIRCULARS The following Research Circulars were distributed between September 30 and October 5, 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 #RS05-702 September 30, 2005 *****UPDATE*****UPDATE*****UPDATE***** The Gillette Company (“G/VZG/WZG”) Proposed Merger with The Procter & Gamble Company (“PG/VPG/WPG”) Research Circular #RS05-703 September 30, 2005 Mitsubishi Tokyo Financial Group, Inc. (“MTF”) Name, Stock and Option Symbol Change to Mitsubishi UFJ Financial Group, Inc. (“MTU”) Effective Date: October 3, 2005 Research Circular #RS05-708 September 30, 2005 The Gillette Company (“G/VZG/WZG”) Merger COMPLETED with The Procter & Gamble Company (“PG/VPG/WPG”) Research Circular #RS05-710 October 3, 2005 *****UPDATE*****UPDATE*****UPDATE***** Providian Financial Corporation (“PVN/VQV/WVR”) Merger COMPLETED with Washington Mutual, Inc. (“WM/VWI/WWI”) Research Circular #RS05-711 October 3, 2005 Guilford Pharmaceuticals, Inc. (“GLFD/GQF/OUC”) Merger COMPLETED with MGI PHARMA, INC. (“MOGN/QOG/VFG/YYW”) Research Circular #RS05-712 October 3, 2005 Argosy Gaming Company (“AGY”) Merger COMPLETED with Penn National Gaming, Inc. (“PENN”) Research Circular #RS05-713 October 4, 2005 MCI, Inc. (“MCIP/MQI/OWQ/YXW”) Proposed Merger with Verizon Communications Inc. (“VZ/VBU/WLE”) Research Circular #RS05-716 October 4, 2005 Covanta Holding Corporation (“DHC”) To Move To and Begin Trading on the NYSE/ Underlying Symbol Change Effective Date: October 5, 2005 Research Circular #RS05-720 October 4, 2005 Dycom Industries, Inc. (“DY”) Partial Self Tender Offer EXTENDED Research Circular #RS05-721 October 5, 2005 Starbucks Corporation (“SBUX/SQX/VPR/WSP”) 2-for-1 Stock Split Ex-Distribution Date: October 24, 2005 Research Circular #RS05-722 October 5, 2005 MBNA Corporation (“KRB/VZK/WK”) Proposed Merger with Bank of America Corporation (“BAC/VBA/WBA”) October 12, 2005 Volume RB16, Number 41 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 RG05-80 Date: September 27, 2005 To: The Membership From: Accounting Subject: S&P 500 Index Options LEAPS® Fee Waiver Program The purpose of this circular is to inform you that CBOE has amended its Fees Schedule to waive fees for certain transactions in S&P 500 index (“SPX”) options LEAPS through December 15, 2005. The effective date of this fee waiver program was September 26, 2005. Specifically, CBOE will waive all trading related fees (transaction, floor brokerage and OBO fees) for transactions in which a market participant closes a position in reduced-value SPX LEAPS (“RV SPX LEAPS”) and simultaneously opens a corresponding (i.e., equivalent strike price and expiration) position in full-value SPX LEAPS (“FV SPX LEAPS”). Key details of the program are outlined below, for your information. • The fee waiver would apply only to trades that close positions in RV SPX LEAPS and simultaneously (e.g., executed as a spread) open corresponding positions in FV SPX LEAPS. The fee waiver would apply on a 10-for-1 basis only1 ; i.e., 10 RV SPX LEAPS equals 1 FV SPX LEAPS. • Trade records must clearly indicate “closing” for RV SPX LEAPS trades and “opening” for corresponding FV SPX LEAPS trades. • CBOE will issue the rebate via clearing firms as a credit in the month following the month in which qualifying transactions are executed. Clearing firms will see the rebate credits as a separate item on monthly CBOE billing statements. Please contact Don Patton at 312-786-7026 or patton@cboe.com if you have questions regarding rebate processing, or Bill Speth at 312-786-7141 if you have questions regarding transactions that qualify for the fee waiver. 1 For example, if a market participant closes 100 contracts of the December 2006 120 strike RV SPX LEAPS and opens a 10 contract position in the December 2006 1200 strike FV SPX LEAPS, all trading related fees would be waived for all contracts in both transactions. However, if a market participant closes 100 contracts of the December 2006 120 strike RV SPX LEAPS and opens a 100 contract position in the December 2006 1200 strike FV SPX LEAPS, fees would be waived for all of the RV SPX LEAPS contracts but only for 10 contracts of the FV SPX LEAPS transaction. All standard fees would apply to the remaining 90 contracts of the FV SPX LEAPS transaction. Regulatory Circulars continued Regulatory Circular RG 05-81 Date: September 29, 2005 To: Members and Member Organizations From: Allocation Committee Index Market Performance Committee Equity Market Performance Committee Modified Trading Systems (MTS) Appointments Committee Subject: Short Term Option Quoting Obligations The Securities and Exchange Commission (SEC) has recently approved (on July 12, 2005) a rule change enabling the CBOE to list and trade Short Term Option Series, which will expire one week after the date on which a series is opened (see SR-CBOE-2004-63). Established as a one-year pilot program, the CBOE is allowed to select up to five approved option classes on which Short Term Option Series can be opened. A series can be opened on any Friday that is a business day and will expire at the close of business on the next Friday that is a business day*. Under the pilot program, the CBOE also can list and trade Short Term Option Series on any option class that is selected by another exchange that employs a similar pilot program. The Exchange intends to consider Short Term Options as an additional series on an underlying product, and therefore the continuous quoting obligations of DPMs, EDPMs, MMs and RMMs, as defined in CBOE Rules 8.85, 8.93, 8.7 and 8.4 respectively, will apply to Short Term Options. Failure to comply with the requirements set forth in CBOE Rules 8.4, 8.7, 8.85 and 8.93 may result in remedial market performance action and/or disciplinary action. A copy of this approved rule change is available on the Exchange’s website at www.cboe.com. For questions regarding quoting obligations, please contact Allison Kile (312) 786-7210 or Angela Redell (312) 786-7559. For general questions regarding Short Term Options, please contact Jim Flynn (312) 786-7070. * If a Friday were not a business day, the series could be opened (or would expire) on the first business day immediately prior to Friday. Regulatory Circular RG05-82 Date: October 3, 2005 To: The Membership From: Financial Planning Committee Subject: Fee Reductions for October 2005 CBOE has averaged approximately 1,620,000 contracts per day (CPD) during the period July 2004 through September 2005. Per the Prospective Fee Reduction Program, Market-Maker and DPM transaction fees and floor brokerage fees will be reduced by 25% per contract from standard rates during October 2005 (September 2005 discounts were also 25%). RB2 Fee Standard Rate Oct. ‘05 Rate Equities Market-Maker Trans. Fee Equities DPM Trans. Fee QQQQ, SPY, DIA & Indexes Mrkt. Maker/DPM Trans. Fee Floor Brokerage Fee 22 cents 12 cents (1)24 cents 4 cents 16.5 cents 9 cents 18 cents 3 cents October 12, 2005, Volume RB16, Number 41 Regulatory Circulars continued SR-CBOE-2005-82 continued (1) Above rates exclude a 10 cents license fee surcharge for the following products: • Dow Jones indexes (excluding DIAMONDS ETF) • Mini Nasdaq 100 (MNX) • Nasdaq 100 (NDX) • Russell 2000 cash-settled index (RUT) Please call Ermer Love (312-786-7032) if you have any questions. Regulatory Circular RG05-83 Date: October 5, 2005 To: DPMs From: Financial Planning Committee Subject: Linkage Fees Rebates Increased October through December 2005 The Financial Planning Committee recommended and the Board of Directors recently approved an increase in the level of linkage fees rebates described below. Effective October 1, 2005 through December 30, 2005, CBOE will rebate DPM transaction fees generated from transactions against customer orders that underlie outbound principal acting as agent (PA) orders. In addition, when DPMs incur fees to execute PA orders at other exchanges, those DPMs will be credited up to an additional $.20 per contract, up to the amount of total fees CBOE receives from inbound linkage transaction fees. Rebates for October in equity options will amount to 29 cents per contract (9 cents discounted CBOE transaction fee plus 20 cents related to fees from away exchanges). Under the previous linkage fees rebate plan, DPMs were credited for CBOE transaction fees and up to 50% of CBOE transaction fees to assist in offsetting costs incurred in routing orders to away exchanges. For October 2005, the former plan would have amounted to a rebate of 13.5 cents in equity options (9 cents discounted CBOE transaction fee plus 4.5 cents related to fees from away exchanges). Rebates to DPMs who elected the fixed fee program for 2005 are lower since CBOE variable transaction fees are not assessed to the DPM (only 20 cents related to away exchange fees are rebated). The Financial Planning Committee will be analyzing the linkage fee rebate program during the 2006 budget review in the 4Q05. Please call Don Patton (312-786-7026) if you have any questions. Business Conduct Committee Decisions At its meeting on September 7, 2005, the Business Conduct Committee resolved the following disciplinary matter by instituting Summary Proceedings, due to the respondent’s failure to answer or deny the allegations set forth in the statement of charges, wherein the charges were deemed admitted by the respondent and disciplinary sanctions were accordingly imposed. (CBOE Rule 17.7) File No. 05-0025 (Summary Proceedings, Decision issued September 22, 2005) Coyne Trading, LLC (“Coyne”), a former CBT Exerciser and broker/dealer, was censured and fined $5,000 for the following conduct. Coyne failed to file its AML Compliance Program with the Exchange by December 13, 2004. As a result, Coyne impeded and delayed the Exchange’s investigation of this matter. (CBOE Rules 4.20 – Anti-Money Laundering Compliance Program; 15.1 – Furnishing of Books, Records and Other Information; and 17.2(b)Complaint and Investigation: Requirement to Furnish Information) October 12, 2005, Volume RB16, Number 41 RB3