December 9, 2005 Exchange Bulletin Volume 33, Number 49 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, December 9, 2005 CLASS CBOE BID OFFER $750,000.00 LAST SALE AMOUNT $800,000.00 LAST SALE DATE $800,000.00 December 8, 2005 CBOT FULL MEMBERSHIP CLASS BID OFFER LAST SALE AMOUNT LAST SALE DATE With CBOE Exercise Right $2,600,000.00 $2,800,000.00 $2,650,000.00 December 1, 2005 Without CBOE Exercise Right $2,400,000.00 $3,400,000.00 $2,850,000.00 October 24, 2005 $30,000.00 $85,000.00 $65,000.00 December 8, 2005 CBOE Exercise Right CBOE MEMBERSHIP SALES AND TRANSFERS From D&S Partnership R&D Partnership Mark R. Jiganti Woody Creek Capital Management, LLC Citadel Derivatives Group, LLC Timothy G. Keller Timothy G. Keller Citadel Derivatives Group, LLC To Donald J. Schell Seko II, LLC Cassandra Trading Group, LLC Steve Fanady Price/Transfer Transfer $740,100.00 $740,000.00 $771,000.00 Date 12/01/05 12/02/05 12/02/05 12/05/05 Gary B. Patzik BKS Capital Management, LLC BKS Capital Management, LLC Kisay 1, LP $777,000.00 $780,000.00 $795,000.00 $800,000.00 12/06/05 12/08/05 12/08/05 12/08/05 Page 2 December 9, 2005 Volume 33, Number 49 Chicago Board Options Exchange MEMBERSHIP INFORMATION FOR 12/1/05 THROUGH 12/7/05 MEMBERSHIP APPLICATIONS RECEIVED FOR WHICH A POSTING PERIOD IS REQUIRED Effective Date 12/1/05 Individual Membership Applicants Date Posted Lessor: Donald J. Schell Lessee: Ronin Capital, LLC Paul S. Clark, NOMINEE Rate: 0.75% Term: Monthly Robert Palazzi, Nominee SLK-Hull Derivatives LLC 57 Highland Ave. Maplewood, NJ 07040 12/2/05 Lessor: Stathis Family Limited Partnership III Lessee: Market Street Securities, Inc. Kevin P. Davitt, NOMINEE Rate: 0.75% Term: Monthly 12/1/05 Thomas E. Arcella, Nominee SLK-Hull Derivatives LLC 24 W. 11th St., Apt. #1 New York, NY 10011 12/2/05 Lessor: KISAY 1, LP Lessee: Sallerson-Troob LLC Colin K. Fisher, NOMINEE Rate: 0.75% Term: Monthly 12/1/05 Todd Wesley Hohman, Nominee SLK-Hull Derivatives LLC 16 Schoolhouse Lane Morristown, NJ 07960 12/2/05 Lessor: Jay M. Schiff Lessee: CMZ Trading, LLC Matthew Cavanaugh, NOMINEE Rate: $6,000.00 Term: Monthly 12/1/05 Igor Chernomzav, Nominee Hard Eight Trading, LLC 400 W. Ontario, #1801 Chicago, IL 60610 12/6/05 Lessor: Geneva Stock, LLC Lessee: Vitale Trading LLC Conan J. Vitale, NOMINEE Rate: 0.7975% Term: Monthly 12/1/05 John Porter, Lessor 33 Locust Rd. Winnetka, IL 60093 12/6/05 12/2/05 Member Organization Applicants Date Posted Lessor: Seko II LLC Lessee: Blue Capital Group LLC Bryon H. Brand, NOMINEE Rate: 0.7975% Term: Monthly *** Correction to Bulletin Dated 11/25/05 *** CTC XS, LLC 11/23/05 Joseph F. Landy III, Nominee Adrian Velazquez, Nominee 141 W. Jackson, 8th Floor Chicago, IL 60604 CTC Holdings, LLC – Sole Member Eric H. Chern – Managing Director Andrew W. Hall – Managing Director Paul Kepes – Managing Director Erich W. Tengelsen – Managing Director John J. Watrous – Managing Director Paul Kepes – Managing Director Margaret Wiermanski - COO MEMBERSHIP LEASES Lessor: Woody Creek Capital Management, LLC Lessee: The Hermitage Group, LLC Rate: $5,600.00 Term: Monthly 12/5/05 Lessor: Peter C. Guth Lessee: Timber Hill LLC Rate: 1.25% Term: Monthly 12/5/05 Lessor: Jeffry T. Mandell 12/5/05 Lessee: Zydeco Trading LLC Christopher M. Quander, NOMINEE Rate: 0.75% Term: Daily Lessor: Alan J. Lifchultz Lessee: CMZ Trading, LLC Kevin R. Novak, NOMINEE Rate: $4,500.00 Term: Monthly 12/5/05 12/6/05 New Leases Effective Date Lessor: Henry P. Gosiene Lessee: TJM Investments, LLC Michael S. Sours, NOMINEE Rate: 0.75% Term: Monthly 12/1/05 Lessor: Cassandra Trading Group, LLC Lessee: Susquehanna Investment Group Robert A. Barr, NOMINEE Rate: 0.75% Term: Monthly 12/7/05 Lessor: R & D Partnership Lessee: Blue Capital Group, LLC Bryon H. Brand, NOMINEE Rate: 0.7975% Term: Monthly 12/1/05 Lessor: Hartz Construction Company, Inc Lessee: WDG Trading, LLC Stephen J. Cirame, NOMINEE Rate: 0.75% Term: Monthly Terminated Leases Termination Date Lessor: S & S Options Lessee: CCM Equities, LLC Patrick R. Carroll, NOMINEE Rate: 0.75% Term: Monthly 12/1/05 Lessor: Seats Exchange Inc. Lessee: SMC Option Management LLC Scott M. Johnson (NFG), NOMINEE 12/1/05 Lessor: Ruth I. Kahn Lessee: KATL Group, LLC Jordan Goldberg, NOMINEE Rate: 0.7975% Term: Monthly 12/1/05 Lessor: Geneva Stock, LLC Lessee: Blue Capital Group LLC Bryon H. Brand (BXX), NOMINEE 12/1/05 Page 3 December 9, 2005 Volume 33, Number 49 Termination Date Lessor: Frances Beck Whigam 12/1/05 Lessee: NOJ Trading, LLC Stephen J. Cirame (HUB), NOMINEE Lessor: GAM Enterprises, Inc. Lessee: TD Options, LLC Joseph S. Nelkin (NLK), NOMINEE 12/1/05 Lessor: Anthony D. Partipilo 12/1/05 Lessee: G-Bar Limited Partnership Anthony J. Carone (AJC), NOMINEE Lessor: Alan J. Lifchultz Lessee: NOJ Trading, LLC Eric M. Ringo (RNG), NOMINEE 12/1/05 Lessor: Stathis Family 12/1/05 Limited Partnership III Lessee: DRO WST Trading LLC Michael A. Dalesandro (DRO), NOMINEE Lessor: D & S Partnership Lessee: Ronin Capital, LLC Paul S. Clark (CLK), NOMINEE 12/1/05 Lessor: KISAY 1, LP 12/1/05 Lessee: Grace Trading LLC Andrew S. Rosenkrantz (DRW), NOMINEE Lessor: R. Martin & Co. 12/1/05 Lessee: Citigroup Derivatives Markets Inc. Lessor: Ruth I. Kahn Lessee: Wolverine Trading LLC 12/1/05 Lessor: Maurice E. Grosby 12/1/05 Lessee: CMZ Trading, LLC Matthew Cavanaugh (MCV), NOMINEE Chicago Board Options Exchange MEMBERSHIP TERMINATIONS Individual Members CBT Registered For: Termination Date Steven R. Baer (SRB) BBS Partners LLC 440 S. LaSalle, Suite 1600 Chicago, IL 60605 12/1/05 Timothy M. Feuerborn (DRT) HGI, Inc. 141 W. Jackson, Suite 1520 Chicago, IL 60604 12/1/05 Timothy C. Womack (WOZ) SMC Option Management LLC 2435 N. Sheffield Ave. Chicago, IL 60614 12/1/05 Robert Baxter (BXT) Baxter Trading LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 12/1/05 Timothy E. Penrod (ROD) BOG Penrod LLC 440 S. LaSalle, Suite 618 Chicago, IL 60605 12/1/05 Steven M. Krug (KRG) BK Management Partners, LLC 2745 Walters Ave. Northbrook, IL 60062 12/5/05 Kevin J. Hincks (HUV) BBS Partners LLC 440 S. LaSalle, Suite 623 Chicago, IL 60605 12/5/05 Lessor(s): Termination Date Lessor: SCL Seats LP Lessee: G-Bar Limited Partnership David S. Fleming (DSF), NOMINEE 12/1/05 Lessor: Jay M. Schiff Lessee: Sallerson-Troob LLC Colin K. Fisher (CKF), NOMINEE 12/1/05 Mark R. Jiganti P.O. Box 3310 Crested Butte, CO 81224 12/6/05 Lessor: Jan C. Philipsborn Lessee: Wolverine Trading LLC 12/1/05 Nominee(s) / Inactive Nominee(s): Termination Date 12/1/05 Eric M. Ringo (RNG) NOJ Trading, LLC 10025 S. Kilbourn Chicago, IL 60453 12/1/05 Lessor: Alan G. Barsumian Lessee: TJM Investments, LLC Michael S. Sours (SRS), NOMINEE Lessor: R & D Partnership Lessee: Blue Capital Group LLC Bryon H. Brand (BXX), NOMINEE 12/2/05 Andrew S. Rosenkrantz (DRW) Grace Trading LLC 440 S. LaSalle, Suite 3100 Chicago, IL 60605 12/1/05 Lessor: Jeffry T. Mandell Lessee: Everest Trading, LLC 12/5/05 12/1/05 Lessor: UBS Securities, LLC Lessee: Timber Hill LLC 12/5/05 Stephen J. Cirame (HUB) NOJ Trading, LLC 1521 Big Oaks Court Lake Forest, IL 60045 Lessor: Woody Creek Capital Management, LLC Lessee: The Hermitage Group, LLC 12/5/05 David B. Schmueck (BIG) LiquidPoint, LLC 311 S. Wacker, Suite 3800 Chicago, IL 60606 12/1/05 Lessor: Peter C. Guth Lessee: BOTTA Capital Management LLC 12/5/05 12/1/05 Lessor: Mark R. Jiganti Lessee: Susquehanna Investment Group Robert A. Barr (RAB), NOMINEE 12/6/05 Brooks C. Taylor (BCT) Everest Trading, LLC 440 S. LaSalle, Suite 3100 Chicago, IL 60605 Jeffrey K. Wong (JWO) G-Bar Limited Partnership 440 S. LaSalle, Suite 650 Chicago, IL 60605 12/1/05 Lessor: Hartz Construction Company, Inc. 12/7/05 Lessee: Cutler Group, LP Matthew J. Henderson (MTH), NOMINEE Page 4 December 9, 2005 Volume 33, Number 49 Termination Date David S. Fleming (DSF) G-Bar Limited Partnership 1040 Oak Knoll Drive Lake Forest, IL 60045 12/1/05 Lawrence R. Schultz (LRS) Israel A. Englander & Co., Inc. 6343 N. Le Mai Ave. Chicago, IL 60646 12/2/05 Raymond F. Hurley (RAE) Cutler Group, LP 440 S. LaSalle, Suite 1124 Chicago, IL 60605 12/5/05 Matthew J. Henderson (MTH) Cutler Group, LP 440 S. LaSalle, Suite 1124 Chicago, IL 60605 12/7/05 Member Organizations CBT Registered For: Termination Date Baxter Trading LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 12/1/05 BOG Penrod LLC Tim Penrod 440 S. LaSalle, Suite 618 Chicago, IL 60605 12/1/05 BBS Partners LLC Frank A. Brodlo 440 S. LaSalle, Suite 623 Chicago, IL 60605 12/5/05 Lessee(s): Termination Date NOJ Trading, LLC 506 Lakeland Lake Bluff, IL 60044 12/1/05 Lessor(s): Termination Date D & S Partnership 5666 Cape Leyte Drive, c/o Mr. Schell Sarasota, FL 34242 12/1/05 Woody Creek Capital Management, LLC 6740 Epping Forest Way N., Suite 102 Jacksonville, FL 32217 12/5/05 CBT Registered For: Effective Date George Heidenreich (FVE) 12/1/05 Consolidated Trading, LLC 440 S. LaSalle, 34th Floor Chicago, IL 60605 Type of Business to be Conducted: Market Maker John B. McKnight (BMK) 12/1/05 Hilltop Trading, LLC 440 S. LaSalle, Suite 1822 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Lessor(s): Effective Date Donald J. Schell 5666 Cape Leyte Sarasota, FL 34242 12/1/05 Nominee(s) / Inactive Nominee(s): Effective Date Patrick R. Carroll (PRC) CCM Equities, LLC 200 S. Wacker, Suite 3325 Chicago, IL 60606 Type of Business to be Conducted: Floor Broker 12/1/05 Kevin P. Davitt (KPD) 12/1/05 Market Street Securities, Inc. 1508 W. Addison Chicago, IL 60613 Type of Business to be Conducted: Market Maker Joseph C. Barnas (GIO) 12/5/05 Cutler Group, LP 440 S. LaSalle, Suite 1578 Chicago, IL 60603 Type of Business to be Conducted: Market Maker Matthew J. Henderson (MTH) 12/5/05 Cutler Group, LP 440 S. LaSalle, Suite 1124 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Stephen J. Cirame (HUB) 12/7/05 WDG Trading, LLC 1521 Big Oaks Court Lake Forest, IL 60045 Type of Business to be Conducted: Market Maker Member Organizations CBT Registered For: EFFECTIVE MEMBERSHIPS Effective Date Hilltop Trading, LLC 12/1/05 440 S. LaSalle, Suite 1822 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Individual Members CBT Exercisers: Chicago Board Options Exchange Effective Date Thomas M. Wallace (CAZ) 12/2/05 440 S. LaSalle, Suite 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Lessee(s): Effective Date CCM Equities, LLC 200 S. Wacker, Suite 3325 Chicago, IL 60606 Type of Business to be Conducted: Floor Broker 12/1/05 Page 5 December 9, 2005 Volume 33, Number 49 Chicago Board Options Exchange Effective Date JOINT ACCOUNTS Jordan Goldberg 12/1/05 From: Nominee For BOTTA Capital Management LLC; Market Maker/ Floor Broker To: Nominee For KATL Group, LLC; Market Maker New Accounts Acronym Effective Date George Heidenreich QCW 12/1/05 Colby D. Lamberson QCW 12/1/05 Marc E. Rothman QCW 12/1/05 Ilan J. Shalit QCW 12/1/05 Stephen J. Cirame QNH 12/7/05 Jeffrey W. Schneider QNH 12/7/05 Terminated Participants Acronym Termination Date Jordan Goldberg QBJ 12/1/05 Jordan Goldberg QBL 12/1/05 Jordan Goldberg QBN 12/1/05 Jordan Goldberg QBV 12/1/05 Jordan Goldberg QHF 12/1/05 Gary B. Patzik 12/7/05 From: Nominee For Everest Trading, LLC; Market Maker To: Lessor/Nominee For Everest Trading, LLC; Market Maker Jordan Goldberg QLZ 12/1/05 Member Organizations Jordan Goldberg QUZ 12/1/05 Jordan Goldberg QYZ 12/1/05 Andrew S. Rosenkrantz QDW 12/1/05 Vitale Trading LLC 12/1/05 From: Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker To: Lessee/Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker Timothy M. Feuerborn QHG 12/1/05 Brooks C. Taylor QHM 12/1/05 Timothy C. Womack QJG 12/1/05 Terminated Accounts Acronym Termination Date Eric M. Ringo QNB 12/1/05 Stephen J. Cirame QNB 12/1/05 CHANGES IN MEMBERSHIP STATUS Individual Members T. Graham Alexa 12/1/05 From: Nominee For SMC Option Management LLC; Market Maker To: CBT Registered For SMC Option Management LLC; Market Maker Conan J. Vitale 12/1/05 From: CBT Registered For Vitale Trading LLC; Market Maker To: Nominee For Vitale Trading LLC; Market Maker Erwin Aguinaldo 12/1/05 From: Nominee for Cutler Group, LP; Market Maker To: Nominee for Cutler Group, LP; Remote Market Maker Kevin R. Novak 12/5/05 From: CBT Registered For CMZ Trading, LLC; Market Maker To: Nominee For CMZ Trading, LLC; Market Maker Effective Date Resource Equities, LLC 12/6/05 From: Lessee/Member Organization Affiliated with a CBT Registered For Resource Equities LLC; Associated with a Market Maker To: Lessee/Member Organization Affiliated with a CBT Registered For Resource Equities LLC; Associated with a Market Maker/Floor Broker Market Street Securities, Inc. 12/7/05 From: Lessee; Associated with a Market Maker To: Lessee; Associated with a Market Maker/Remote Market Maker MEMBER ADDRESS CHANGES Effective Date Richard T. Melson 12/1/05 From: CBT Exerciser; Market Maker To: CBT Registered For BK Management Partners, LLC; Market Maker Kevin S. Martinez 12/1/05 From: Nominee For Equitec Proprietary Markets, LLC; Floor Broker To: Nominee For Compass Professional Services LLC; Floor Broker Individual Members Effective Date Jerry Manne 111 W. Jackson, Suite 1106 Chicago, IL 60604 12/5/05 Page 6 December 9, 2005 Volume 33, Number 49 Chicago Board Options Exchange POSITION LIMIT CIRCULARS Pursuant to Exchange Rule 4.11, the Exchange issued the below listed Position Limit Circular on December 9, 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 PL05-53 December 9, 2005 Equity Position and Exercise Limits will be decreased to a Lower Tier Limit Effective December 19, 2005 Position Limit Circular PL05-055 December 9, 2005 The GSTIä Internet Index’s (“GIN”) Position and Exercise Limit will be decreased to a Lower Tier Limit Effective December 19, 2005 Position Limit Circular PL05-54 December 9, 2005 Adjusted Position and Exercise Limits for certain Equity Option Classes and an Exchange Traded Fund will revert to either their Applicable Standard or Adjusted Position and Exercise Limits effective December 19, 2005 RESEARCH CIRCULARS The following Research Circulars were distributed between December 2 and December 8, 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 #RS05-855 December 2, 2005 Archipelago Holdings, Inc. (“AX/ODE/YTV”) Proposed Merger with the New York Stock Exchange, Inc. Research Circular #RS05-856 December 2, 2005 Macromedia, Inc. (“MACR/MRQ”) Merger COMPLETED with Adobe Systems Incorporated (“ADBE/AEQ/VAE/WAE”) Research Circular #RS05-857 December 2, 2005 Emdeon Corporation (“HLTH/HUT/VGW/WGQ”) Partial Self Tender Offer Research Circular #RS05-863 December 6, 2005 TXU Corp. (“TXU/TXF/OYR/YZB”) 2-for-1 Stock Split Ex-Distribution Date: December 9, 2005 Research Circular #RS05-864 December 6, 2005 Joy Global Inc. (“JOYG/JQY”) 3?for?2 Stock Split Ex-Distribution Date: December 13, 2005 Research Circular #RS05-866 December 6, 2005 ***UPDATE – ANTICIPATED MERGER EFFECTIVE DATE – DECEMBER 9, 2005*** York International Corporation (“YRK”) Proposed Merger with Johnson Controls, Inc. (“JCI”) Research Circular #RS05-867 December 7, 2005 Cooper Cameron Corporation (“CAM/OKA/YXX”) 2-for-1 Stock Split Ex-Distribution Date: December 16, 2005 Research Circular #RS05-869 December 7, 2005 Valero Energy Corporation (“VLO/BLO/ZPY/VHB/ZBO/YPY”) 2-for-1 Stock Split Ex-Distribution Date: December 16, 2005 Research Circular #RS05-873 December 8, 2005 ID Biomedical Corporation (“IDBE/QQ”) Plan of Arrangement COMPLETED with GlaxoSmithKline Inc. (“GSK”) Research Circular #RS05-874 December 8, 2005 Instinet Group Incorporated (“INGP/UAU”) Merger COMPLETED with The Nasdaq Stock Market, Inc. (“NDAQ/NQD”) December 14, 2005 Regulatory Circulars Regulatory Bulletin Volume RB16, Number 50 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 Circular RG05-120 Date: December 1, 2005 To: The Membership From: Financial Planning Committee Subject: Fee Reductions for December 2005 CBOE has averaged approximately 1,690,000 contracts per day (CPD) during the period July 2004 through November 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 December 2005 (November 2005 discounts were also 25%). Fee Standard Rate Dec. ‘05 Rate Equities Market-Maker Trans. Fee 22 cents Equities DPM Trans. Fee 12 cents QQQQ, SPY, DIA, DJX & Indexes 24 cents (1) Mrkt. Maker/DPM Trans. Fee Mini-SPX (XSP) Market-Maker Trans. Fee 15 cents waived until 2/1/06 Floor Brokerage Fee Floor Brokerage Fee - Mini-SPX (XSP) 3 cents waived until 2/1/06 4 cents 4 cents 16.5 cents 9 cents 18 cents (1) (1) Above rates exclude a 10 cents license fee surcharge for the following products: • Dow Jones indexes, excluding DJX and DIA • 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 Circulars continued Regulatory Circular RG05-121 Date: December 1, 2005 To: The Membership From: Financial Planning Committee Subject: Non-Member Market-Maker Fee Changes in DJX, DXL & XSP The following per contract fee changes are effective December 1, 2005 in DJX, DXL (large size DJX) and XSP for non-member Market-Maker orders (N origin code): DJX non-member Market-Maker, premium > or = $1 DJX non-member Market-Maker, premium < $1 Former Fee $0.47 0.27 Revised Fee $0.26 0.26 DXL non-member Market-Maker, premium > or = $1 DXL non-member Market-Maker, premium < $1 0.47 0.27 0.36 0.36 XSP non-member Market-Maker, premium > or = $1 XSP non-member Market-Maker, premium < $1 0.47 0.27 0.17 0.17 As a reminder, all XSP fees are waived through January 31, 2006. Please contact Ermer Love (312-786-7032 or lovee@cboe.com) or Don Patton (312-7867026 or patton@cboe.com) if you have any questions. Regulatory Circular RG05-122 To: Membership From: Trading Operations Date: December 6, 2005 Re: Preferred Market-Maker Program The CBOE is pleased to announce an enhancement to its Preferred Market-Maker Program. All that is needed to participate in the Program is an email from the order flow provider to: Helpdesk@CBOE.com, stating the order flow provider’s name, and a list that identifies its Preferred Market-Maker in each class. To further simplify the process, the email may indicate one Preferred Market-Maker for all classes at a given post/station, or for all classes, etc. For those order flow providers that service multiple correspondents, flexibility is also available to allow a different Preferred Market-Maker for each correspondent/mnemonic firm acronym. The email may contain this information in any format that is most convenient for the submitting order flow provider. Shortly after receipt of the email, a response will be returned from the CBOE Help desk confirming that the request has been processed. If the Preferred Market-Maker is quoting at the NBBO at the time the order is received, and if the order is executed electronically by the Hybrid System, the Preferred Market-Maker will receive a minimum 40% participation entitlement.1 If the Preferred Market-Maker is not quoting at the NBBO, then the order shall be handled/executed in accordance with existing processes, which may include use of the standard DPM Complex participation entitlement provided in Rule 8.87. 1 The Preferred participation entitlement rate is 50% when there is only one other Market-Maker also quoting at the best price. RB2 December 14, 2005, Volume RB16, Number 50 Regulatory Circulars continued Regulatory Circular RG05-122 continued Be advised that Exchange Rule 4.18’s prohibition of the misuse of material non-public information also applies to the Preferred Market-Maker Program. Questions regarding this circular should be addressed to Anthony Montesano, Trading Operations, at (312) 786-7365 or Michael Trees, Trading Operations, at (312) 786-8408. Regulatory Circular RG05-123 To: All Exchange Members and Personnel From: Floor Officials Re: Access to the Trading Floor Date: December 2, 2005 This circular is intended to summarize the Exchange’s rules and policies concerning access to the Exchange’s trading floor. Pursuant to Exchange Rule 6.20, admission to the trading floor shall be limited to members, employees of the Exchange, clerks employed by members and registered with the Exchange, service personnel and Exchange visitors authorized admission to the floor pursuant to Exchange policy, and such other persons permitted admission to the floor by the President of the Exchange. Absent exemption from the Office of the Chairman, the following policies apply with respect to visitors to the trading floor: A visitor may only be signed in by an Exchange member, a floor manager, or a senior Exchange staff member. Member firm employees and unauthorized Exchange staff are not permitted to sign in a visitor or to grant a visitor access to Exchange facilities. For safety reasons, no child under 12 years of age shall be permitted access to the trading floor. Each visitor shall be issued a visitor’s pass by the lobby receptionist. Each visitor’s pass shall be time stamped upon issuance and must be returned to the reception desk. During the entire time period that a visitor is present on the trading floor, the visitor must wear, in a visible place, the visitor’s pass that is issued to the visitor. Each visitor must be escorted and supervised by the person who signed the visitor in at all times while the visitor is present on the trading floor. A visitor may have escorted and supervised access to any part of the Exchange’s facilities that the person who signed the visitor in is permitted access. Each visitor must abide by the Exchange’s rules of conduct and the Exchange’s dress code policies which are set forth in Exchange Regulatory Circular RG03-60. Each visitor is allowed 2 hours on the trading floor from the time that is time stamped on his or her visitor’s pass and is allowed no more than 5 visits to the trading floor per month. December 14, 2005, Volume RB16, Number 50 RB3 Regulatory Circulars continued Regulatory Circular RG05-123 continued The Board has determined that any person who has been barred or suspended from Exchange membership and/or from association with Exchange members shall be prohibited from having access to the trading floor during the period of his or her bar or suspension. This policy is applicable regardless of the length of a bar or suspension and prohibits a barred or suspended person from being signed in as a visitor to the trading floor. However, the Office of the Chairman shall be permitted to grant exemptions to this policy upon the written request of a barred or suspended person. Any member or employee of a member who violates any of the foregoing rules or policies may be subject to disciplinary action. In addition, a person who signs a visitor in may be subject to disciplinary action in the event that the visitor violates any Exchange rules or policies. Any questions regarding this circular may be directed to any Floor Official or to the Office of Trading Floor Liaison at (312) 786-7871. This Regulatory Circular replaces RG95-62. Regulatory Circular RG05-124 Date: December 6, 2005 From: Market Operations Department Re: Restrictions on Transactions in Calpine Corporation (CPN) On the Opening of business on December 6, 2005, Calpine Corporation,(CPN), was delisted from the NYSE. Effective today, trading in CBOE in existing series of CPN options are subject to the following restrictions: Only closing transactions maybe effected in any series of CPN options except for (i) opening transactions by Market-Makers executed to accommodate closing transactions of other market participants and (ii) opening transactions by CBOE member organizations to facilitate the closing transactions of public customers executed as crosses pursuant to and in accordance with CBOE Rule 6.74(b) or (d). The execution of opening transactions in CPN options, except as permitted above, and/or the misrepresentation as to whether an order is opening or closing, will constitute a violation of CBOE rules, and may result in disciplinary action. Member organizations should ensure that they have appropriate procedures in place to prevent their customers from entering opening orders in this restricted option class. There are no restrictions in place with respect to the exercise of CPN options. The provisions of this circular apply to any options on CPN traded on CBOE. Any questions regarding this circular may directed to Kerry Winters at (312) 786-7312 or Joanne Heenan-Hustad at (312) 786-7786. RB4 December 14, 2005, Volume RB16, Number 50 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-2005-91 Marketing Fee Program On November 22, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-91, which filing amends CBOE’s marketing fee program including to permit a “Preferred Market-Maker” to direct the Exchange to disburse funds generated by the marketing fee where an order provider sends an order to the Exchange designating a Preferred Market-Maker. These changes to the marketing fee program will be effective November 1, 2005. Any questions regarding the rule change may be directed to Patrick Sexton, Legal Division, at 312-7867467. SR-CBOE-2005-100 DPM Obligations On November 27, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-100, which filing proposes to issue a regulatory circular that will subject certain DPMs to obligations that were removed upon the approval of the Exchange’s PAR Official proposal. Any questions regarding the rule change may be directed to James Flynn, Legal Division, at 312786-7070. Proposed new language is underlined. Proposed deleted language is [stricken out]. Rule 8.92. Electronic DPM Program (a) - (b) No change. (c) Allocation of Option Classes. The Board of Directors or a committee designated by the Board of Directors shall grant e-DPMs allocations in option classes. Factors to be considered in granting allocations include performance, capacity, performance commitments, efficiency, competitiveness, and operational factors. In addition, the following shall apply: (i) - (iv) No change. (v) An e-DPM may not be allocated an option class for which the e-DPM organization serves as DPM on the trading floor, [.] (vi) The Exchange may remove any option class from the e-DPM Program at any time if competitive factors no longer warrant its inclusion in the program. (d) - (e) No change. December 14, 2005, Volume RB16, Number 50 RB5 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-2005-92 Unbundling of Orders On November 07, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-92, which filing proposes to adopt a rule to prohibit the practice of unbundling in order to maximize rebate fees. 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. Rule 4.23 – Unbundling of Orders to Maximize Rebates of Fees Rule 4.23. No member shall divide an order into multiple smaller orders for the primary purpose of maximizing rebates of fees resulting from the execution of such orders, or any other similar payment of value to the member. SR-CBOE-2005-101 Fingerprinting of Membership Applicants On November 28, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-101, which filing revises an Exchange membership rule that relates to the Exchange’s investigation of membership applicants. Any questions regarding the rule change may be directed to David Doherty, Legal Division, at 312-786-7466. Proposed new language is underlined. Rule 3.9. Application Procedures and Approval or Disapproval (a) – (e) No change (f) The Membership Department shall investigate each applicant applying to be a member organization, each associated person required to be approved by the Membership Committee pursuant to Rule 3.6(b), and each applicant applying to be an individual member (with the exception of any associated person applicant that is a current member, any member applicant that was a member within 9 months prior to the date of receipt of that applicant’s membership application by the Membership Department, and any member or associated person applicant that was investigated by the Membership Department within 9 months prior to the date of receipt of that applicant’s application by the Membership Department). The Membership Department may investigate any applicant that is not required to be investigated pursuant to this paragraph (f) and any other person or organization that submits an application pursuant to paragraph (a) of this Rule. In connection with an investigation conducted pursuant to this paragraph (f), the Exchange may (i) conduct a fingerprint based criminal records check of the applicant or (ii) utilize the results of a fingerprint based criminal records check of the applicant conducted by another self-regulatory organization within the prior year. (g) – (l) No change ... Interpretations and Policies: RB6 December 14, 2005, Volume RB16, Number 50 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-101 continued No change ***** (b) Inapplicable. (c) Inapplicable. SR-CBOE-2005-103 Rules Relating to E-DPMs On December 5, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-103, which filing proposes to amend CBOE rules relating to the Electronic Designated Primary MarketMaker Program. Any questions regarding the rule change may be directed to James Flynn, Legal Division, at 312-786-7070. Proposed new language is underlined. Proposed deleted language is [stricken out]. Rule 8.92. Electronic DPM Program (a) – (b) No change. Allocation of Option Classes. The Board of Directors or a committee des(c) ignated by the Board of Directors shall grant e-DPMs allocations in option classes. Factors to be considered in granting allocations include performance, capacity, performance commitments, efficiency, competitiveness, and operational factors. In addition, the following shall apply: (i) - (iv) No change (v) An e-DPM may not be allocated an option class for which the e-DPM organization serves as DPM on the trading floor, [.] (vii) The Exchange may remove any option class from the e-DPM Program at any time if competitive factors no longer warrant its inclusion in the program. (d) – (e) No change. December 14, 2005, Volume RB16, Number 50 RB7 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-104 Amend Rules Relating to E-DPMs On December 6, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-104, which filing proposes to amend CBOE rules governing the hours of trading in equity options and narrow-based index options. Any questions regarding the rule change may be directed to Patrick Sexton, Legal Division, at 312-786-7467. Proposed new language is underlined. Rule 3.4. Qualifications of Foreign Member Organizations (a) An organization that is not organized under the laws of one of the states of the United States must satisfy the following requirements in order to be a member organization: (i) – (xiv) No change. ... Interpretations and Policies: .01 For purposes of eligibility for membership, an entity organized as a limited liability company under the laws of a country other than the United States shall be deemed a corporation, its members shall be deemed principal shareholders, and its members with management responsibility and its managers shall be deemed executive officers. .02 A foreign member organization that is approved to act solely as a lessor is not required to comply with Rules 3.4(a)(iii)(B) and 3.4(a)(xii). ***** RB8 (b) Inapplicable. (c) Inapplicable. December 14, 2005, Volume RB16, Number 50