EFTA01353477.pdf

other widely-available rate. The time as of which the exer- cise settlement value is calculated and the method of calculation are determined by the options market on which the options are traded and may be changed by it at any time. Any such change may be made applicable to options outstanding at the time of the change. If OCC determines that the exercise settlement value of the underlying foreign currency for any series of cash-settled foreign currency options is unreported. inaccurate, unreliable. unavailable, or inappropriate for purposes of calculating the cash settlement amount of such series. OCC has the authority to suspend the settle- ment obligations of the exercising and assigned Clearing Members of options of such series or to fix the cash settlement amount for exercised options of such series or to do both. In the event of such a suspension, OCC will fix a new settlement date after OCC determines that the exercise settlement value is available or after OCC fixes the cash settlement amount. If OCC determines to fix the cash settlement amount, it will act through an adjustment panel that will use its judgment as to what is appropriate for the protec- tion of investors and the public interest. For a description of adjustment panels. see "Adjustment and Adjustment Panels" in Chapter II. The panel may fix the cash settle- ment amount using the reported price or value of the underlying foreign currency at such time, or representing a combination or average of prices or values at such time or times. and reported in such manner, as the panel deems appropriate. If an adjustment panel delays fixing a cash settle- ment amount for a series of cash-settled foreign currency options past the last trading day before expiration of that series. normal expiration exercise procedures will not apply to the affected series. Instead, exercise settlement will be postponed until the next business day following the day when the adjustment panel fixes the cash settle- ment amount, and each long position in the affected series will be treated as having been exercised if the cash settlement amount per contract for that series is $1.00 or more. If the cash settlement amount per contract is less than $1.00. the option will be treated as having expired unexercised. As a result of these procedures, holders of expiring cash-settled foreign currency options may not know whether their options have been exercised, and writers of such options may not know whether they have been assigned an exercise. until after the expiration date. An adjustment panel's determinations shall be conclu- sive, binding on all investors. and not subject to review. 102 CONFIDENTIAL - PURSUANT TOIRESDRI1ORW863 P. 6(e) CONFIDENTIAL SDNY_GM_00184047 EFTA01353477