| Notice to Members |
| Notice No. 308 06/14/2007 |
| Block Trade Surcharge |
|---|
| The NYMEX Board of Directors unanimously approved a trading surcharge for all block trades. Block Trades will be charged $.10 per lot in addition to its regular fees.
Subject to the consent process below, the effective date for this fee amendment is the opening of Business July 2, 2007. The proposed fee triggers the provisions of New York Mercantile Exchange, Inc. (the "Exchange") Bylaw Section 311, which 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 fees of any kind for Core Products is a "Special Matter," subject to approval by the owners of Class A Memberships. The implementation of this proposed fee 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 fee. If such petition is not received within this time period, or if the fee is approved at such a Special Meeting, the fee 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.
RESPONSE FORM - REQUEST FOR SPECIAL MEETING My name is _____________________ and I am the owner, either directly or by ABC, of __________ Class A Membership(s) in the New York Mercantile Exchange, Inc., and I hereby request a special meeting in response to the fee increase contained in this Notice. Signed By: _____________________ Print Name: |
| Should you have any questions or require any further information, please contact exchangeinfo@nymex.com |