Notice to Members
Notice No. 87 02/21/2003
Compliance With Federal Proxy Rules
As you are aware, the Company's annual election of directors will take place on March 18, 2003. Candidates seeking election to the Board of Directors, and any other individual who solicits proxies/votes from the Company's stockholders, must comply with the SEC's Regulation 14A ("Solicitation of Proxies"): All written materials ("solicitation materials") used to solicit votes from stockholders must be filed with the SEC before you can send them to stockholders. Please be advised that the concept of "solicitation materials" is construed broadly by the SEC. It includes any materials (including advertising) distributed to stockholders with the purpose of soliciting their vote. It can also include the text of speeches made to stockholders. Each candidate for election to the Board of Directors is required to comply with the SEC's Proxy Rules. Failure to comply with this provision constitutes a violation of federal securities laws and exposes the Company and the individual to potential liability. If you have any questions about whether or not something qualifies as solicitation materials, or if you have any other questions regarding compliance with Regulation 14A, please contact Robin Zablow, Office of Corporate Governance, at 299-2212.
Should you have any questions or require any further information, please contact exchangeinfo@nymex.com