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sd-10-EFTA01353505Dept. of JusticeOther

EFTA Document EFTA01353505

amount or expires worthless. References herein to index values "as initially reported" refer to the values initially reported by the source of the Index as definitive, and not to any tentative or preliminary values that may be announced at an earlier time subject to adjustment. In extraordinary circumstances (e.g., where an exercise settlement value as initially reported is obviously wrong and inconsistent with values previously reported. and a corrected value is promptly announced), OCC

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amount or expires worthless. References herein to index values "as initially reported" refer to the values initially reported by the source of the Index as definitive, and not to any tentative or preliminary values that may be announced at an earlier time subject to adjustment. In extraordinary circumstances (e.g., where an exercise settlement value as initially reported is obviously wrong and inconsistent with values previously reported. and a corrected value is promptly announced), OCC

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EFTA Disclosure
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amount or expires worthless. References herein to index values "as initially reported" refer to the values initially reported by the source of the Index as definitive, and not to any tentative or preliminary values that may be announced at an earlier time subject to adjustment. In extraordinary circumstances (e.g., where an exercise settlement value as initially reported is obviously wrong and inconsistent with values previously reported. and a corrected value is promptly announced), OCC has dis- cretion to direct that exercise settlements be based on a corrected exercise settlement value. Ordinarily. however, the exercise settlement value as initially reported by the official source of the Index will be conclusive for exercise settlement purposes. The paragraphs numbered 7 and 8 beginning on page 77 of the Booklet are replaced with the following paragraphs: 7. Cash-settled index options whose exercise settlement values are based on the opening prices of the constituent securities are not traded on the last sched- uled trading day for those securities prior to the option expiration date. An option holder will be able to realize value from his option on that day only if the option is in the money and is exercised. A writer of this type of option who has not previously closed out his position will be unable to do so on that last trading day for the constitu- ent securities and will be at risk of being assigned an exercise. 8. Current Index levels will ordinarily continue to be reported even when trading is delayed or interrupted in some or all of the constituent securities of the index or when the reporting of transactions in those securities has been delayed. In that event, the reported index levels will be based on the most recent reported prices of the con- stituent securities — whether or not those securities are being currently traded. As a result. reported index levels may at times be based on non-current price information with respect to some or even all of the constituent securi- ties of an index. If this condition existed at the time of determining the exercise settlement value of an exer- cised option, that exercise would be settled on the basis of an index level that might not reflect current price infor- mation with respect to constituent securities accounting for a significant portion of the value of the index. (Indeed. as noted in Chapter IV, an exercise settlement value that is based on the opening prices of the constituent securi- ties may not coincide with, and may diverge substantially from, the index values that are reported at the time of the opening.) Moreover, if the index underlay a capped index option or a binary Index option, that option would or would not be automatically exercised based on an index 143 CONFIDENTIAL - PURSUANT TOEFEESEIMCS0M.904 P. 6(e) CONFIDENTIAL SDNY_GM_00184088 EFTA01353505

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