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Prepared By R.R. Donnelley Financial -- Form 8-K
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
Form 8-K
 
Current Report
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  08/08/2006
 
NYMEX Holdings, Inc.
(Exact name of registrant as specified in its charter)
 
Commission File Number:  333-30332
 
DE
  
13-4098266
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
One North End Avenue, World Financial Center, New York , NY 10282-1101
(Address of principal executive offices, including zip code)
 
(212) 299-2000
(Registrant’s telephone number, including area code)
 
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[X]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 

Information to be included in the report

 
Item 8.01.    Other Events
 
On August 2, 2006, NYMEX Holdings, Inc. issued a press release to announce that its board of directors and the COMEX Governors Committee have reached an agreement in principle, on that date, regarding COMEX Division member rights. The press release is attached as Exhibit 99.1 to this Current Report on Form 8-K.

Additionally, on August 2, 2006, NYMEX Holdings, Inc. issued a press release to announce that it will begin offering its physically delivered energy futures contracts for electronic trading on the CME Globex electronic trading platform during its regular open outcry trading hours. The press release is attached as Exhibit 99.2 to this Current Report on Form 8-K.

 
 
Item 9.01.    Financial Statements and Exhibits
 
Exhibit 99.1 Press Release dated August 2, 2006.

Exhibit 99.2 Press Release dated August 2, 2006.

 

 

Signature(s)
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
      
 
NYMEX Holdings, Inc.
 
 
Date: August 08, 2006
     
By:
 
/s/    Richard Kerschner
               
Richard Kerschner
               
Senior Vice President - Corporate Governance & Strategic Initiatives
 
 

 

Exhibit Index
 
Exhibit No.
  
Description
EX-99.1
  
Press Release dated August 2, 2006
EX-99.2
  
Press Release dated August 2, 2006
Exhibit 99

Exhibit 99.1

FOR IMMEDIATE RELEASE
Contact: Anu Ahluwalia

  (212) 299-2439

 

NYMEX, COMEX REACH AGREEMENT IN PRINCIPLE ON COMEX DIVISION TRADING RIGHTS

New York, N.Y., August 2, 2006 -- NYMEX Holdings, Inc. announced that the NYMEX Board of Directors and the COMEX Governors Committee have reached an agreement in principle today regarding COMEX Division member rights, including electronic trading rights. The terms of the transaction will include the issuance of NYMEX common stock. Details of the transaction will be disclosed upon completion of a definitive agreement.

The transaction is subject to a number of conditions, including the completion of a definitive agreement, final approvals by the NYMEX Board of Directors and the COMEX Governors Committee, COMEX member approval, NYMEX shareholder approval, and applicable regulatory approvals. There can be no assurance that this transaction will be completed.

As a result of this contemplated transaction, the COMEX Board of Governors has approved the temporary suspension of trading in COMEX memberships, effective immediately, pending completion of a definitive agreement or the termination of discussions.

This announcement shall not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of these securities in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such state.

###

Forward Looking and Cautionary Statements
This press release may contain forward--looking statements within the meaning of the Private Securities Litigation Reform Act, with respect to our future performance, operating results, strategy, and other future events. Such statements generally include words such as could, can, anticipate, believe, expect, seek, pursue, and similar words and terms, in connection with any discussion of future results. Forward--looking statements involve a number of assumptions, risks, and uncertainties, any of which may cause actual results to differ materially from the anticipated, estimated, or projected results referenced in forward-looking statements. In particular, the forward--looking statements of NYMEX Holdings, Inc., and its subsidiaries are subject to the following risks and uncertainties: the success and timing of new futures contracts and products; changes in political, economic, or industry conditions; the unfavorable resolution of material legal proceedings; the impact and timing of technological changes and t he adequacy of intellectual property protection; the impact of legislative and regulatory actions, including without limitation, actions by the Commodity Futures Trading Commission; and terrorist activities and international hostilities, which may affect the general economy as well as oil and other commodity markets. We assume no obligation to update or supplement our forward-looking statements.

Statement Regarding Available Information

Please note that this is not intended to be a solicitation for proxy. NYMEX has filed with the Securities and Exchange Commission a preliminary proxy statement. NYMEX's stockholders are urged to read the definitive proxy statement in its entirety, when it becomes available, and any other related documents NYMEX may issue, because they will contain important information about NYMEX, the transaction, the persons soliciting proxies in connection with the transaction and the interests of these persons in the transaction and related matters. These documents may be obtained for free at the SEC's website (www.sec.gov). Additional information on how to obtain these documents from NYMEX will be made available to stockholders. Information about the directors and executive officers of NYMEX and their ownership of NYMEX stock is set forth in the proxy statement.

 

FOR IMMEDIATE RELEASE

Exhibit 99.2

FOR IMMEDIATE RELEASE

Contact:  Anu Ahluwalia, NYMEX

               (212) 299-2439

 

   Allan Schoenberg, CME

   (312) 930-8189

NYMEX TO OFFER SIDE BY SIDE TRADING OF PHYSICALLY DELIVERED ENERGY FUTURES CONTRACTS ON CME GLOBEX® DURING OPEN OUTCRY TRADING HOURS

             

NEW YORK, NY, August 2, 2006 -- The New York Mercantile Exchange, Inc. announced today that it will offer its physically delivered energy futures contracts on the CME Globex electronic trading platform during its regular open outcry trading hours, beginning on September 4 for trade date September 5.  The contracts will trade side by side in conjunction with NYMEX trading floor hours, and they will be fungible with the floor-traded NYMEX energy contracts.

The contracts include the NYMEX crude oil (CL), natural gas (NG), heating oil (HO) and gasoline (HU, RB) futures contracts.  The contracts on CME Globex will be listed for the full curve, or all months corresponding with the underlying full-sized futures contract and will be available for trading from 6:00 PM ET Sundays through 5:15 PM ET Fridays, with a 45-minute break each day between 5:15 PM ET and 6:00 PM ET.

Details regarding the competitive fee structure will be provided prior to the September 4 launch.

NYMEX launched financially settled, standard-sized and NYMEX miNYTM energy futures contracts for trading on CME Globex on June 12.  Access to electronic trading of NYMEX products is available virtually 24 hours a day on CME Globex.

For more information, visit www.nymexoncmeglobex.com.

###

NYMEX Forward-Looking and Cautionary Statements

This press release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act, with respect to our future performance, operating results, strategy, and other future events. Such statements generally include words such as could, can, anticipate, believe, expect, seek, pursue, proposed, potential and similar words and terms, in connection with any discussion of future results, including our exploration of and ability to consummate, including as a result of market conditions, a potential initial public offering or other strategic alternative. Forward-looking statements involve a number of assumptions, risks, and uncertainties, any of which may cause actual results to differ materially from the anticipated, estimated, or projected results referenced in the forward-looking statements. In particular, the forward-looking statements of NYMEX Holdings, Inc., and its subsidiaries are subject to the following risks and uncertainties: our determination not, or diffic ulties, delays or unanticipated costs in our ability, including as a result of market conditions, to consummate a potential initial public offering or other strategic alternative; the success and timing of new futures contracts and products; changes in political, economic, or industry conditions; the unfavorable resolution of material legal proceedings; the impact and timing of technological changes and the adequacy of intellectual property protection; the impact of legislative and regulatory actions, including without limitation, actions by the Commodity Futures Trading Commission; and terrorist activities, international hostilities or natural disasters, which may affect the general economy as well as oil and other commodity markets. The Company assumes no obligation to update or supplement our forward-looking statements.