CBOT Holdings, Inc. (NYSE: BOT) and its wholly-owned subsidiary the Board of Trade of the City of Chicago, Inc. (the "CBOT") announced today that they filed a lawsuit against the Chicago Board Options Exchange, Inc. The lawsuit seeks to enforce the rights of the CBOT’s full members to participate in the CBOE’s restructuring. The CBOT seeks, among other things, an injunction requiring the CBOE to allow the full members of the CBOT who hold an Exercise Right and meet certain other requirements to participate equally in any distribution of CBOE stock, as the CBOT claims are required by the CBOE’s own Certificate of Incorporation and subsequent agreements between the CBOT and CBOE.
The lawsuit was filed today in the Delaware Court of Chancery. CBOT Holdings, the CBOT and the CBOE are all Delaware corporations. Besides CBOT Holdings and the CBOT, the plaintiffs include representatives of the class of CBOT full members. The CBOE’s Board of Directors is also named as defendants.
This press release, along with a copy of the Complaint, is being furnished with the SEC as part of a Form 8-K. Press inquiries should be directed to Hugh R. McCombs, one of the lawyers for the CBOT, at (312) 701-7357.
