| Notice to Members |
| Notice No. 20 01/09/2007 |
| Brent Financial Contract (BB) Fee Waiver Extension |
|---|
| The Exchange has determined to continue its fee waiver for the Brent Financial
Contract (BB) on GLOBEX® through March 31, 2007. The continuation of the Brent Financial Contract fee waiver triggers the provisions of the New York Mercantile Exchange, Inc. (the “Exchange”) Bylaws that were amended in connection with the closing of the General Atlantic transaction in March 2006, which contain new rights for owners of Class A Memberships as well as procedures to be followed for any proposed Bylaw or other changes affecting such rights. (These procedures are similar to the procedures that have been in place for nearly twelve years with regard to certain rule or product changes on the COMEX Division in relation to the NYMEX-COMEX merger agreement). Section 311 of the Exchange Bylaws contains rights pertaining to NYMEX "Core Products", which are defined to include various listed NYMEX futures and option contracts and also to include "similar or "look-alike" contracts or successor or similar contracts or products." In particular, Section 311 provides that any change in procedures of any kind for Core Products is a "Special Matter," subject to approval by the owners of Class A Memberships. This procedural change therefore constitutes a Special Matter. Accordingly, owners of Class A Memberships have fifteen (15) days from the date of this Notice to submit a petition by the owners of 82 Class A Memberships (representing at least 10% of the 816 outstanding Class A Memberships) requesting a Special Meeting of the owners of Class A Memberships to vote on the membership rule change. If such petition is not received within this time period, or if the membership rule change is approved at such a Special Meeting, the membership rule change will be deemed approved and will subsequently be submitted to the Commodity Futures Trading Commission (CFTC). A special meeting request form is attached to the end of this Notice in satisfaction of Exchange Bylaw Section 202 (B). Inquiries regarding the aforementioned may be directed to Donna Talamo, Vice
President Office of the Corporate Secretary, at dtalamo@nymex.com or
by fax to 212-301-4645. |
| Should you have any questions or require any further information, please contact exchangeinfo@nymex.com |