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NYSE: Settlement of Higgins Litigation - Special Membership Bulletin From Marsh Carter And John Thain

Date 16/11/2005

We are pleased to announce that a settlement has been reached between the NYSE and the ten Members who sued to enjoin the vote currently underway on our merger with Archipelago. The settlement will allow the vote to go forward as planned on December 6 and, assuming you approve the merger, to close the transaction as early in 2006 as possible.

Under the terms of the settlement, we will retain an investment bank to provide the Court by November 23 with its expert opinion on the fairness of the merger. As has been our practice throughout the merger process, we will promptly share that opinion with you as soon as it is delivered to Justice Ramos. The vote now underway on the merger and the member meeting scheduled for December 6 are not being delayed or stopped, and are not contingent on the conclusion in the fairness opinion. In addition, ending the litigation was not possible without payment of reasonable legal fees to plaintiffs' attorneys, which will be determined by Justice Ramos in a future hearing. We expect to receive the full terms of the settlement agreement tomorrow and will post them promptly on nyse.com.

Settlement of this litigation represents a significant step forward for the Exchange as we move to complete the Archipelago merger. We thank all Members who have indicated their support throughout this process.