CBOT Files Brief Challenging CBOE'S Unilateral Attempt to Terminate Exercise Right
March 01 2007 - 1:11PM
PR Newswire (US)
CBOT also files letter with the SEC opposing CBOE's attempt to
circumvent state court in contract dispute CHICAGO, March 1
/PRNewswire-FirstCall/ -- CBOT Holdings, Inc. ("CBOT") today
announced that it has filed a brief in support of its motion for
partial summary judgment in the Delaware Chancery Court against the
Chicago Board Options Exchange ("CBOE") and its Board. The CBOT
also announced today that it filed a comment letter with the
Securities and Exchange Commission ("SEC") opposing the CBOE's
proposed rule change regarding the Exercise Right. A copy of the
brief and the SEC comment letter is available upon request. About
the CBOT As one of the leading global derivative exchanges, the
Chicago Board of Trade provides a diverse mix of financial, equity,
and commodity futures and options-on-futures products. Building on
its 158-year history, the CBOT continues to advance into the future
using the strength of deep liquidity, market integrity and
member-trader expertise. Using superior trading technology in both
electronic and open-auction trading platforms, the CBOT provides
premier customer service to risk managers and investors worldwide.
For more information visit our website at http://www.cbot.com/ .
Important Merger Information In connection with the proposed merger
of CBOT Holdings, Inc. ("CBOT") and the Chicago Mercantile Exchange
Holdings Inc. ("CME"), the parties have filed relevant materials
with the Securities Exchange Commission ("SEC"), including a joint
proxy statement/prospectus regarding the proposed transaction.
INVESTORS ARE URGED TO READ THE JOINT PROXY STATEMENT/PROSPECTUS
REGARDING THE PROPOSED TRANSACTION, BECAUSE IT CONTAINS IMPORTANT
INFORMATION. Investors are able to obtain a free copy of the joint
proxy statement/prospectus, as well as other filings containing
information about CBOT and CME without charge, at the SEC's website
( http://www.sec.gov/ ). Copies of the joint proxy
statement/prospectus can also be obtained when available, without
charge by directing a request to CBOT Holdings, Inc., Attention:
Investor Relations, at 141 West Jackson, Chicago, Illinois 60604 or
calling (312) 435-3500. CBOT, CME and their respective directors
and executive officers and other members of management and
employees may be deemed to be participants in the solicitation of
proxies from CBOT shareholders in respect of the proposed
transaction. Information regarding CBOT directors and executive
officers is available in CBOT's proxy statement for its 2006 annual
meeting of stockholders, dated March 29, 2006. Additional
information regarding the interests of such potential participants
is included in the joint proxy statement/prospectus and the other
relevant documents filed with the SEC. This document shall not
constitute an offer to sell or the solicitation of an offer to buy
any securities, nor shall there be any sale of securities in any
jurisdiction in which such offer, solicitation or sale would be
unlawful prior to registration or qualification under the
securities laws of any such jurisdiction. No offering of securities
shall be made except by means of a prospectus meeting the
requirements of Section 10 of the Securities Act of 1933, as
amended. Forward-Looking Statements Certain statements in this
document and its attachments may contain forward-looking
information regarding CBOT, CME and the combined company after the
completion of the transactions that are intended to be covered by
the safe harbor for "forward-looking statements" provided by the
Private Securities Litigation Reform Act of 1995. These statements
include, but are not limited to, the benefits of the business
combination transaction involving CBOT and CME including future
financial and operating results, the combined company's plans,
objectives, expectations and intentions and other statements that
are not historical facts. Such statements are based upon the
current beliefs and expectations of the management of CBOT and CME
and are subject to significant risks and uncertainties. Actual
results may differ from those set forth in the forward-looking
statements. The following factors, among others, could cause actual
results to differ from those set forth in the forward-looking
statements: the ability to obtain governmental approvals of the
transaction on the proposed terms and schedule; the failure of CBOT
shareholders or CME shareholders to approve the transaction; the
risk that the businesses will not be integrated successfully; the
risk that the cost savings and any other synergies from the
transaction may not be fully realized or may take longer to realize
than expected; disruption from the transaction making it more
difficult to maintain relationships with customers, employees or
suppliers; competition and its effect on pricing, spending,
third-party relationships and revenues; social and political
conditions such as war, political unrest or terrorism; general
economic conditions and normal business uncertainty. Additional
risks and factors are identified in CBOT's filings with the SEC,
including its Report on Form 10-K for the fiscal year ending
December 31, 2005 which is available on CBOT's website at
http://www.cbot.com/ . You should not place undue reliance on
forward-looking statements, which speak only as of the date of this
document. Except for any obligation to disclose material
information under the Federal securities laws, CBOT undertakes no
obligation to release publicly any revisions to any forward-
looking statements to reflect events or circumstances after the
date of this document. DATASOURCE: CBOT CONTACT: Harlan Loeb, CBOT,
+1-312-861-4703 Web site: http://www.cbot.com/
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