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October 18, 2013 Volume 41, Number 42

The Bylaws and Rules of Chicago Board Options Exchange, Incorporated (“Exchange”), in certain specific instances, require the Exchange to provide notice to Exchange Trading Permit Holders. To satisfy this requirement, a copy of the Exchange Bulletin, including the Regulatory Bulletin, is delivered by e-mail or by hard copy free of charge to all effective Trading Permit Holders on a weekly basis.

Trading Permit Holders are encouraged to receive the Exchange and Regulatory Bulletin and Information Circulars via e-mail. E-mail subscriptions may be obtained by Trading Permit Holders by submitting your name, firm if applicable, e-mail address, and phone number, to [email protected]. If you do sign up for e-mail delivery, please remember to inform the Registration Services Department of e-mail address changes. Subscriptions by Trading Permit Holders for hard copy delivery may be obtained by submitting your name, firm if any, mailing address and telephone number to: Chicago Board Options Exchange, Registration Services Department, 400 South LaSalle, Chicago, Illinois 60605, Attention: Bulletin Subscriptions.

Copyright © 2013 Chicago Board Options Exchange, Incorporated

Trading Permit Information for 10/10/2013 through 10/16/2013

TRADING PERMIT APPLICATIONS RECEIVED

FOR WHICH BULLETIN PUBLICATION IS REQUIRED IndividualApplicants Matthew G. Bente Belvedere Trading LLC 750 W. Belden Ave., #1F Chicago, IL 60614 TERMINATIONS Individuals

Nominee: Termination Date

Ryan R. Boggs (BOG) 10/10/13 PTR, Incorporated

Brandon Nicholas Boros (BNB) 10/15/13 Canal Street Trading LLC

EFFECTIVE TRADING PERMIT HOLDERS Individuals

Nominee: Effective Date

Ryan R. Boggs (BOG) 10/11/13 MNR Executions LLC

Type of Business to be Conducted: Floor Broker

Andrew B. Rosskamm (AND) 10/14/13 Susquehanna Securities

Type of Business to be Conducted: Market Maker

CHANGES IN TRADING STATUS/FUNCTION Individuals Effective Date James D Killen (JDK) 10/14/13 From: Nominee For CTC XS LLC; Floor Broker To: Nominee For PTR, Incorporated; Floor Broker

TPH Organizations

CTC XS LLC 10/15/13 From: TPH Organization Associated

with a Floor Broker / Proprietary Trading Permit Holder / Approved to Transact Business with the Public

To: TPH Organization Associated with a Floor Broker

CHANGES IN TRADING STATUS (correction to CBOE Bulletin 9/27/13):

Individuals

Marios K Sinapoglou 9/26/13 From: Nominee For DRO WST Trading LLC; Market Maker To: Nominee For Sumo Capital LLC; Market Maker

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October 18, 2013 Volume 41, Number 42 2

Research Circulars

The following Research Circulars were distributed between October 11, 2013 and October 18, 2013. 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 #RS13-552 October 11, 2013

Astex Pharmaceuticals, Inc. ("ASTX"): Merger Completed -- Cash Settlement

Research Circular #RS13-554 October 11, 2013

rue21, inc. ("RUE") Cash Settlement/Acceleration of Expirations Merger Completed

Research Circular #RS13-557 October 14, 2013

Aastrom Biosciences, Inc. ("ASTM") 1-for-20 Reverse Stock Split

Ex-Distribution Date: October 16, 2013

Research Circular #RS13-558 October 14, 2013

Vanguard S&P 500 ETF ("VOO") 1-for-2 Reverse ETF Split

Ex-Distribution Date: October 24, 2013

Research Circular #RS13-559 October 14, 2013

United Online, Inc. ("UNTD")

Reverse Stock Split and Distribution of Shares of FTD Companies, Inc. ("FTD") Ex-Distribution Date: November 1, 2013

Research Circular #RS13-560 October 15, 2013

MPG Office Trust, Inc. ("MPG") Merger COMPLETED with Brookfield DTLA Holdings LLC

Research Circular #RS13-562 October 15, 2013

Leap Wireless International, Inc. ("LEAP") Proposed Merger with AT&T Inc. ("T")

Research Circular #RS13-563 October 16, 2013

Kaydon Corporation ("KDN"): Merger Completed -- Cash Settlement

Research Circular #RS13-564 October 16, 2013

Greenway Medical Technologies, Inc. ("GWAY") Tender Offer by Crestview Acquisition Corp.

Research Circular #RS13-565 October 16, 2013

Savient Pharmaceuticals, Inc. ("SVNT")

Move and Begin Trading on the Other-OTC Market and Stock Symbol and Option Symbol

Research Circular #RS13-566 October 17, 2013

The Active Network, Inc. ("ACTV")

Tender Offer by Athlaction Merger Sub, Inc..

Research Circular #RS13-567 October 17, 2013

*****UPDATE - REVISION TO ADJUSTED SYMBOL***** Optimer Pharmaceuticals, Inc. ("OPTR") Proposed Merger with Cubist Pharmaceuticals, Inc. ("CBST")

Research Circular #RS13-568 October 17, 2013

Marriot International Class A ("MAR") To Move and Begin Trading on the NASDAQ

Research Circular #RS13-569 October 18, 2013

WMS Industries Inc. ("WMS") Merger COMPLETED with Scientific Games Corporation ("SGMS")

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October 18, 2013 Volume RB24, Number 42 1   

 

October 18, 2013 Volume RB24, Number 42

The Bylaws and Rules of Chicago Board Options Exchange, Incorporated (“Exchange”), in certain specific instances, require the Exchange to provide notice to Trading Permit Holders. The weekly Regulatory Bulletin is delivered to all effective Trading Permit Holders to satisfy this requirement. Copyright © 2013 Chicago Board Options Exchange, Incorporated.

 

Regulatory Circulars

Regulatory Circular RG13-129

Date: October 15, 2013

To: Trading Permit Holders

From: Registration Services Division

RE: Increase in Authorized Number of Trading Permits

Due to increasing demand, CBOE has determined to raise the authorized number of Market-Maker Trading Permits, as provided for under CBOE Rule 3.1, from 775 to 825. With this change, the authorized number of trading permits and tier appointments are as follows:

 825 Market-Maker Trading Permits o 225 SPX Tier Appointments o 70 VIX Tier Appointments  150 Floor Broker Permits

 150 Electronic Access Permits

To the extent that there are available trading permits and tier appointments, they will be issued based on order-in-time priority to any Trading Permit Holder or party approved to become a Trading Permit Holder that applies. CBOE will maintain a waiting list to the extent that there are trading permit and tier appointment requests in excess of the applicable limit.

Any questions regarding this circular may be directed to Stan Leimer, Director, Registration Services Department, at (312) 786-7299 or Regina Millison, Manager, Registration Services Department, at (312) 786-7452.

     

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October 18, 2013 Volume RB24, Number 42 2  Regulatory Circular RG13-130

Date: October 16, 2013

To: Trading Permit Holders

From: Market Operations Department

RE: Restrictions on Transactions in Savient Pharmaceuticals, Inc (SVNT)

Effective October 17, 2013, Savient Pharmaceuticals, Inc (SVNT) will be delisted from the NASDAQ Global Market and will move its listing to the Other-OTC market under the symbol SVNTQ. Therefore, trading in SVNTQ options will be subject to restrictions.

Trading on CBOE in existing series of SVNTQ options will be subject to the following restrictions. Only closing transactions may be affected in any series of SVNTQ options except for (i) opening transactions by Market-Makers executed to accommodate closing transactions of other market participants and (ii) opening transactions by CBOE TPH 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 SVNTQ 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. TPH organizations should ensure that they have appropriate procedures in place to prevent their customers from entering opening orders in this restricted option class. In addition, transactions in contravention of this restriction may be subject to nullification pursuant to Exchange Rule 6.25.

There are no restrictions in place with respect to the exercise of SVNTQ options.

Any questions regarding this circular may be directed to Kerry Winters at [email protected] and (312) 786-7312 or the Regulatory Interpretations and Guidance team at [email protected] and by telephone at (312) 786-8141.

CBOE restricted class memos can be accessed from CBOE.org at the following web address:

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October 18, 2013 Volume RB24, Number 42 3 

Rule Changes

EFFECTIVE-ON-FILING RULE CHANGE(S)

The following rule filings were submitted to the Securities and Exchange Commission (“SEC”) “effective on filing,” and may have taken effect pursuant to Section 19(b)(3) of the Securities Exchange Act of 1934 (the “Act”). They will remain in effect barring further action by the SEC within 60 days after publication in the Federal Register. Below, any additions to rule text are underlined, and any deletions are [bracketed]. Copies are available on the CBOE public website at www.cboe.org/legal/effectivefiling.aspx.

SR-CBOE-2013-099 FLEX Options

On October 11, 2013, the Exchange filed Rule Change File No. SR-CBOE-2013-099, which filing proposes to extend CBOE’s pilot program regarding permissible exercise settlement values for FLEX Index Options. Any questions regarding the rule change may be directed to Jennifer Lamie, Legal Division, at 312-786-7576. The rule text is shown below and the rule filing is available at http://www.cboe.com/publish/RuleFilingsSEC/SR-CBOE-2013-099.pdf.

Rule 24A.4 Terms of FLEX Options

* * * * *

… Interpretations and Policies:

.01 FLEX Index Option PM Settlements Pilot Program: Notwithstanding subparagraph (a)(2)(iv) above, for a pilot period ending the earlier of November [2] 3, [2013] 2014 or the date on which the pilot program is approved on a permanent basis, a FLEX Index Option that expires on an Expiration Friday may have any exercise settlement value that is permissible pursuant to subparagraph (b)(3) above.

* * * * * Rule 24B.4 Terms of FLEX Options

* * * * *

… Interpretations and Policies:

.01 FLEX Index Option PM Settlements Pilot Program: Notwithstanding subparagraph (a)(2)(iv) above, for a pilot period ending the earlier of November [2] 3, [2013] 2014 or the date on which the pilot program is approved on a permanent basis, a FLEX Index Option that expires on an Expiration Friday may have any exercise settlement value that is permissible pursuant to subparagraph (b)(3) above.

* * * * *

SR-CBOE-2013-101 CBSX Responsible Person

On October 15, 2013, the Exchange filed Rule Change File No. SR-CBOE-2013-101, which filing proposes to adopt the concept of a “Responsible Person” on CBSX. A “Responsible Person” is CBSX’s point of contact with each CBSX Trader. Any questions regarding the rule change may be directed to Jeff Dritz, Legal Division, at 312-786-7070. The rule text is shown below and the rule filing is available at http://www.cboe.com/publish/RuleFilingsSEC/SR-CBOE-2013-101.pdf.

Rule 53.9 Responsible Persons

The term “Responsible Person” shall mean an individual designated by a CBSX Trader to represent the CBSX Trader in all matters relating to the Exchange. Each CBSX Trader must designate an individual as the Responsible Person for the CBSX Trader. If a CBSX Trader is an individual (and not an organization), that individual will automatically be designated as the CBSX Trader’s Responsible Person. The Responsible Person must be affiliated with the CBSX Trader. The Responsible Person must be a United States-based officer, director or management-level

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October 18, 2013 Volume RB24, Number 42 4  employee of the CBSX Trader, who is responsible for the direct supervision and control of Associated Persons of that CBSX Trader.

PROPOSED RULE CHANGE(S)

Pursuant to Section 19(b)(1) of the Act, and Rule 19b-4 thereunder, the Exchange has filed the following proposed rule change(s) with the SEC. Below, any additions to rule text are underlined and any deletions are [bracketed]. Copies of the rule change filing(s) are available at www.cboe.org/legal/submittedsecfilings.aspx. Trading Permit Holders 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-2013-102 Hybrid Opening System

On October 14, 2013, the Exchange filed Rule Change File No. SR-CBOE-2013-102, which filing proposes to CBOE Rule 6.2B, Hybrid Opening System (“HOSS”), to establish modified Hybrid Opening System (“HOSS”) opening procedures for all option series that are used to calculate volatility indexes. The impetus for this filing is to establish a strategy order cut-off time for the constituent options that will be used to settled CBOE Short-Term Volatility Index (VXST) futures and options. Any questions regarding the rule change may be directed to Jenny Golding, Legal Division, at 312-786-7466. The rule text is shown below and the rule filing is available at http://www.cboe.com/publish/RuleFilingsSEC/SR-CBOE-2013-102.pdf.

Rule 6.2B. Hybrid Opening System (“HOSS”)

(a) Pre-Opening Period: For a period of time before the opening of trading in the underlying security or, in the case of index options, prior to 8:30 a.m. (all times are CT) (as determined by the Exchange on a class-by-class basis), the System will accept orders and quotes.

(i) The Exchange shall designate the eligible order size, eligible order type and eligible order origin code (i.e. public customer orders, non-Market Maker broker-dealer orders, and Market Maker broker-dealer orders) that the System will accept on a class-by-class basis.

(ii) At specified intervals of time that will be determined by the Exchange, the System will disseminate information about resting orders in the Book that remain from the prior business day and any orders and quotes submitted before the opening, including the expected opening price (“EOP”) and expected opening size (“EOS”) given the current resting orders and quotes to all users that have elected to receive such information. The EOP is the price at which the greatest number of orders and quotes in the Book are expected to trade. An EOP may only be calculated if: (i) there are market orders in the Book, or the Book is crossed (highest bid is higher than the lowest offer) or locked (highest bid equals the lowest offer), and (ii) at least one quote is present. (b) Opening Rotation Notice: Unless unusual circumstances exist, at a randomly selected time within a number of seconds after the opening trade and/or the opening quote is disseminated in the market for the underlying security (or after 8:30 a.m. for index options), the System initiates the opening rotation procedure and sends a notice (“Rotation Notice”) to market participants. For purposes of this paragraph, the “market for the underlying security” shall be either the primary listing market, the primary volume market (defined as the market with the most liquidity in that underlying security for the previous two calendar months), or the first market to open the underlying security.

(i) The Rotation Notice will be sent following the opening trade and/or opening quote or whichever occurs first (as determined by the Exchange on a class-by-class basis).

(ii) In the event an underlying security has not opened within a reasonable time after 8:30 a.m., the DPM or LMM, as applicable, acting in option contracts on such security shall report the delay to a Floor Official and an inquiry shall be made to determine the cause of the delay. The opening rotation for option contracts in such security shall be delayed until the underlying security has opened unless two Floor Officials determine that the interest of a fair and orderly market are

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October 18, 2013 Volume RB24, Number 42 5  best served by opening trading in the option contracts. However, in the particular event where the underlying security has not opened within a reasonable time after 8:30 a.m. and the DPM or LMM believes the delay is because the market for the underlying security has not reported an opening trade in the underlying security but has disseminated opening quotations and not given an indication of a delayed opening, the DPM or LMM shall instead report the delay directly to the Exchange’s Control Room. Following such report by the DPM or LMM to the Control Room, or following notification by the Control Room to the DPM or LMM of such an event, the senior official in the Control Room may authorize the initiation of the opening rotation process in the affected option class where necessary to ensure a fair and orderly market.

(c) Opening Rotation Period: After the Rotation Notice is sent, the System will enter into a Rotation Period, during which the opening price will be established for each series.

(i) During the Rotation Period, the System will continue to calculate and provide the EOP and EOS given the current resting orders and quotes.

(ii) The System will process the series of a class in a random order and the series will begin opening after a period following the Rotation Notice. (This period, which shall not exceed sixty seconds, will be established on a class-by-class basis by the Exchange).

(iii) Prior to the expiration of this period, the System will not open a series unless opening quotes that comply with the bid/ask differential requirements (as determined by the Exchange on a class-by-class basis) have been entered by at least one Maker-Maker appointed to the class (or by the DPM or LMM, as determined by the Exchange on a class-by-class basis).

(iv) The opening price of a series is the “market-clearing” price that will leave bids and offers which cannot trade with each other. In determining the priority of orders and quotes to be traded, the System gives priority to market orders first, then to limit orders and quotes whose price is better than the opening price, and then to resting orders and quotes at the opening price. One or more series of a class may not open because of conditions cited in paragraph (e) of this Rule.

(d) Opening Quote and Trade Price: As the opening price is determined by series, the System will disseminate through OPRA the opening quote and the opening trade price, if any.

(e) Opening Conditions: The System will not open a series if one of the following conditions is met:

(i) There is no quote present in the series as provided in paragraph (c)(iii).

(ii) The opening price is not within an acceptable range (as determined by the Exchange) compared to the lowest quote offer and the highest quote bid; or

(iii) The opening trade would leave a market order imbalance (i.e., there are more market orders to buy or to sell for the particular series than can be satisfied by the limit orders, quotes and market orders on the opposite side); however, in series that will open at a minimum price increment (e.g., at a price of $0.05 or, in penny series, at a price of $0.01), the System will open even if a sell market order imbalance exists.

If the condition in paragraph (e)(i) or (e)(ii) is present, the senior official in the Control Room may authorize the opening of the affected series where necessary to ensure a fair and orderly market. If the condition in paragraph (e)(ii) is present, the System will not open the series but will send a notification to market participants indicating the reason. When the condition in (e)(iii) is present, a notification will be sent to market participants indicating the size and direction (buy or sell) of the market order imbalance. The System will not open the series until the condition causing the delay is satisfied. The System will repeat this process until the series is open.

(f) Floor Officials: Two Floor Officials may deviate from the standard manner of the opening procedure, including delaying the opening in any option class, when necessary in the interests of maintaining a fair and orderly market.

(g) Trading Halts: The procedure described in this Rule may be used to reopen a class after a trading halt.

(h) Closing Rotation Procedure. The decision whether to employ a closing rotation in a series trading on the HOSS is governed by this paragraph (h) and not Interpretations and Policies .02, .03 or .05 of Rule 6.2. The procedure described in this Rule may be employed after the end of the normal close of any trading session whenever the Exchange concludes that such action is appropriate in the interests of a fair and orderly market. The factors that may be considered in holding a closing rotation procedure include, but are not limited to, whether there has been a

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October 18, 2013 Volume RB24, Number 42 6  recent opening or reopening of trading in the underlying security, a declaration of a fast market, or a need for a closing procedure in connection with expiring individual security options, an end of the year procedure, or the restart of a procedure which is already in progress. The decision to employ a closing rotation procedure shall be disseminated prior to the commencement of such procedure.

. . . Interpretations and Policies:

.01 Modified Opening Procedures for Hybrid 3.0 Classes: Notwithstanding paragraph (a) to Rule 6.2B, for purposes of Hybrid 3.0 classes, the following shall apply:

(a) Only the DPM or LMM will be required to enter opening quotes in opening rotations. Public customers, broker-dealers, Exchange Market-Makers, away Market-Makers and Specialists will not be permitted to enter opening quotes but may enter opening orders in opening rotations. (b) The DPM or LMM must enter opening quotes that comply with the bid/ask differential requirements determined by the Exchange on a class-by-class basis. [If there is not a quote present in a series that complies with the bid/ask differential requirements established by the Exchange, then that series will not open.]

(c) All provisions set forth in Rule 6.2B shall remain in effect unless superseded or modified by this Rule 6.2B.01. To facilitate the calculation of [a settlement price] exercise or final settlement values for [futures and] options or futures contracts on volatility indexes, the Exchange shall utilize a modified HOSS opening procedure for any Hybrid 3.0 index option series with respect to which a volatility index is calculated. This modified HOSS opening procedure will be utilized only on the expiration and final settlement dates of the options [and] or futures contracts on the applicable volatility index [in] for each expiration [month].

On the [final settlement day] expiration and final settlement dates for options [and] or futures on a volatility index, public customers, broker-dealers, Exchange Market-Makers, away Market-Makers and Specialists may enter orders in any index options series used to calculate the exercise settlement or final settlement [price] value of that volatility index (“modified HOSS opening procedures”). The following provisions shall be applicable for an index option with respect to which a volatility index is calculated:

(i) All orders (including public customer, broker-dealer, Exchange Market-Maker, away Market-Maker and Specialist orders), other than spread or non-OPG contingency orders, will be eligible to be placed on the electronic book for those option contract [months] expirations whose prices are used to derive the volatility indexes on which options and futures are traded, for the purpose of permitting those orders to participate in the opening price calculation for the applicable index option series.

(ii) In addition to the LMM quoting requirement, all LMMs, if applicable, shall be required to enter opening orders during the modified HOSS opening procedures.

(iii) All index option orders for participation in the modified HOSS opening procedure that are related to positions in, or a trading strategy involving, volatility index options or futures, and any change to or cancellation of any such order:

(A) must be received prior to the applicable strategy order cut-off time for the affected index option series (established by the Exchange on a class-by-class basis), provided that the strategy order cut-off time will be no earlier than 8:00 a.m. and no later than the opening of trading in the option series. All pronouncements regarding changes to the applicable strategy order cut-off time will be announced at least one day prior to implementation.

(B) may not be cancelled or changed after the applicable strategy order cut-off time established in accordance with paragraph (A) to Rule 6.2B.01(c)(iii), unless the order is not executed in the modified HOSS opening procedure and the cancellation or change is submitted after the modified HOSS opening procedure is concluded (provided that any such order may be changed or cancelled after the applicable strategy order cut-off time established in accordance with paragraph (A) to Rule 6.2B.01(c)(iii) and prior to applicable cut-off time established in accordance with paragraph (iv) to Rule 6.2B.01(c) in order to correct a legitimate error, in which case the Trading Permit Holder submitting the change or cancellation shall prepare and maintain a memorandum setting forth the circumstances that resulted in the change or cancellation and shall file a copy of the

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October 18, 2013 Volume RB24, Number 42 7  memorandum with the Exchange no later than the next business day in a form and manner prescribed by the Exchange).

In general, the Exchange shall consider index option orders to be related to positions in, or a trading strategy involving, volatility index options or futures for purposes of this Rule 6.2B.01(c) if the orders possess the following three characteristics:

(1) The orders are for option[s] series with the expirations [month] that will be used to calculate the exercise settlement or final settlement [price] value of the applicable volatility index option or futures contract.

(2) The orders are for option[s] series spanning the full range of strike prices [in] for the appropriate expiration [month] for option[s] series that will be used to calculate the [settlement price] exercise settlement or final settlement value of the applicable volatility index option or futures contract, but not necessarily every available strike price.

(3) The orders are for put options with strike prices less than the “at-the-money” strike price and for call options with strike prices greater than the “at-the-money” strike price. The orders may also be for put and call options with “at-the-money” strike prices.

Whether index option orders are related to positions in, or a trading strategy involving, volatility index options or futures for purposes of this Rule 6.2B.01(c) depends upon specific facts and circumstances. Order types other than those provided above may also be deemed by the Exchange to fall within this category of orders if the Exchange determines that to be the case based upon the applicable facts and circumstances.

The provisions of this Rule 6.2B.01(c) may be suspended by two Floor Officials in the event of unusual market conditions.

(iv) All other index option orders for participation in the modified HOSS opening procedures, and any change to or cancellation of any such order, must be received prior to the applicable cut-off time in order to participate at the opening price for the applicable index option series. The applicable cut-off time for the affected index option series will be established by the Exchange on a class-by-class basis, provided the cut-off time will be no earlier than 8:25 a.m. and no later than the opening of trading in the option series. All pronouncements regarding changes to the applicable cut-off time will be announced at least one day prior to implementation.

(v) The HOSS system shall automatically generate cancels immediately prior to the opening of the applicable index option series for broker-dealer, Exchange Market-Maker, away Market-Maker, and Specialist orders which remain on the electronic book following the modified HOSS opening procedures.

(vi) Any imbalance of contracts to buy over contracts to sell in the applicable index option series, or vice versa, as indicated on the electronic book, will be published as soon as practicable up through the opening [bell] of trading in the affected series on days that the modified HOSS opening procedures [is] are utilized.

.02 - .07 No changes.

.08 Modified Opening Procedures For Hybrid Classes and Series Used to Calculate Volatility

Indexes: Notwithstanding paragraph (a) to Rule 6.2B, for purposes of Hybrid classes and series

that are used to calculate a volatility index, the following shall apply:

(a) Applicable Days. All provisions set forth in Rule 6.2B shall remain in effect unless superseded or modified by this Rule 6.2B.08. The modified HOSS opening procedures described below shall apply on the following days:

(i) 30-Day Volatility Indexes. On the dates that the exercise settlement and final settlement values are calculated for options (as determined under Rule 24.9(a)(5)) or (security) futures contracts on volatility indexes measuring a 30-day volatility period; and

(ii) Short-Term Volatility Indexes. Every Wednesday for Hybrid classes and series that are used to calculate volatility indexes measuring a 9-day volatility period. If a Wednesday is an Exchange holiday or if the Friday in the business week following a Wednesday is an Exchange holiday, then the modified HOSS opening procedures shall be utilized on Tuesday.

(b) On applicable days, all orders in Hybrid classes and series used to calculate 30-day and short-term volatility indexes (including public customer, broker-dealer, Exchange Market-Maker, away Market-Maker and Specialist orders), other than spread or contingency orders, are eligible to be placed on the electronic book for the purpose of permitting those orders to participate in the

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October 18, 2013 Volume RB24, Number 42 8  opening price calculation for the applicable option class or series.

On the days that the modified HOSS opening procedures are utilized, the following provisions shall apply to volatility index option components:

(c) All option orders for participation in modified HOSS opening procedures that are related to positions in, or a trading strategy involving, volatility index options or (security) futures, and any change to or cancellation of any such order:

(i) must be received prior to the applicable strategy order cut-off time for the affected option series (established by the Exchange on a class-by-class basis), provided that the strategy order cut-off time will be no earlier than 8:00 a.m. and no later than the opening of trading in the option series. All pronouncements regarding changes to the applicable strategy order cut-off time will be announced at least one day prior to implementation.

(ii) may not be cancelled or changed after the applicable strategy order cut-off time established in accordance with paragraph (c)(i) to Rule 6.2B.08, unless the order is not executed in the modified HOSS opening procedures and the cancellation or change is submitted after the modified HOSS opening procedures are concluded (provided that any such order may be changed or cancelled after the applicable strategy order cut-off time established in accordance with paragraph (c)(i) to Rule 6.2B.08 and prior to applicable cut-off time established in accordance with paragraph (d) to Rule 6.2B.08 in order to correct a legitimate error, in which case the Trading Permit Holder submitting the change or cancellation shall prepare and maintain a memorandum setting forth the circumstances that resulted in the change or cancellation and shall file a copy of the memorandum with the Exchange no later than the next business day in a form and manner prescribed by the Exchange).

In general, the Exchange shall consider option orders to be related to positions in, or a trading strategy involving, volatility index options or (security) futures for purposes of this Rule 6.2B.08 if the orders possess the following three characteristics:

(A) The orders are for option series with the expirations that will be used to calculate the exercise settlement or final settlement value of the applicable volatility index option or (security) futures contract.

(B) The orders are for options series spanning the full range of strike prices for the appropriate expiration for options series that will be used to calculate the exercise settlement or final settlement value of the applicable volatility index option or (security) futures contract, but not necessarily every available strike price.

(C) The orders are for put options with strike prices less than the “at-the-money” strike price and for call options with strike prices greater than the “at-the-money” strike price. The orders may also be for put and call options with “at-the-money” strike prices.

Whether option orders are related to positions in, or a trading strategy involving, volatility index options or (security) futures for purposes of this Rule 6.2B.08 depends upon specific facts and circumstances. Order types other than those provided above may also be deemed by the Exchange to fall within this category of orders if the Exchange determines that to be the case based upon the applicable facts and circumstances.

The provisions of this Rule 6.2B.08 may be suspended by two Floor Officials in the event of unusual market conditions.

(d) All other option orders for participation in the modified HOSS opening procedures, and any change to or cancellation of any such order, must be received prior to the applicable cut-off time in order to participate at the opening price for the applicable option series. The applicable cut-off time for the affected option series will be established by the Exchange on a class-by-class basis, provided the cut-off time will be no earlier than 8:25 a.m. and no later than the opening of trading in the option series. All pronouncements regarding changes to the applicable cut-off time will be announced at least one day prior to implementation.

(e) Any imbalance of contracts to buy over contracts to sell in the applicable option series, or vice versa, as indicated on the electronic book, will be published as soon as practicable up through the opening of trading in the affected series on days that the modified HOSS opening procedures are utilized.

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October 18, 2013 Volume RB24, Number 42 9  Rule 24.9. Terms of Index Option Contracts

(a) (1) – (4) No changes.

(5) Method of Determining Day that Exercise Settlement Value will be Calculated and of

Determining Expiration Date and Last Trading Day for Options on Volatility Indexes that Measure a 30-Day Volatility Period (e.g., VIX, RVX, VXD, VXN, Individual Stock or ETF Based Volatility Index) [options] (“Volatility Index options”). The exercise settlement value of a Volatility Index

option for all purposes under these Rules and the Rules of the Clearing Corporation, shall be calculated on the Wednesday that is thirty days prior to the third Friday of the calendar month immediately following the month in which the Volatility Index option expires. If the third Friday of the month subsequent to the expiration of the Volatility Index option is an Exchange holiday, the exercise settlement value shall be calculated on the business day that is thirty days prior to the Exchange business day immediately preceding that Friday. The exercise settlement value of a Volatility Index option for such purposes shall be calculated by the Exchange as a Special Opening Quotation (SOQ) of the applicable Volatility Index using the sequence of opening prices of the options that comprise the Volatility Index. The opening price for any series in which there is no trade shall be the average of that option’s bid price and ask price as determined at the opening of trading. The expiration date of a Volatility Index option shall be the same day that the exercise settlement value of the Volatility Index option is calculated. The last trading day for a Volatility Index option shall be the business day immediately preceding the expiration date of the Volatility Index option.

References

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