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This excerpt taken from the NDAQ DEF 14A filed Apr 3, 2009. Trading Plans NASDAQ OMX permits all employees, including the named executive officers, to enter into plans established under Rule 10b5-1 of the Securities Exchange Act of 1934, as amended (the Exchange Act), to enable them to trade in our stock during periods in which they might not otherwise be able to trade because material nonpublic information about NASDAQ OMX has not been publicly released. These plans include specific instructions to a broker to trade on behalf of the employee if our stock price reaches a specified level or if certain other events occur, and therefore, the employee no longer controls the decision to trade in our stock. As of December 31, 2008, two of our named executive officers had Rule 10b5-1 plans in place.
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