NYSE Euronext 8-K 2010
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
May 7, 2010
Date of Report (Date of earliest event reported)
(Exact name of registrant as specified in its charter)
Registrants telephone number, including area code: (212) 656-3000
(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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
ITEM 1.02 TERMINATION OF A MATERIAL DEFINITIVE AGREEMENT
On May 7, 2010, certain subsidiaries of NYSE Euronext, specifically, Euronext Paris S.A., Euronext Amsterdam N.V., Euronext Brussels S.A./N.V., Euronext Lisbon Sociedade Gestora de Mercados Regulamentados, S.A. and LIFFE Administration & Management (collectively, the NYSE Euronext Parties), gave notice to Banque Centrale de Compensation S.A. and LCH.Clearnet Group Limited (together, the Clearnet Parties) of the termination of their mutual obligations under the Amended and Restated Clearing Agreement, dated October 31, 2003, as amended (the Clearing Agreement).
Under the terms of the Clearing Agreement, the Clearnet Parties provide clearing services for the markets operated by the NYSE Euronext Parties. The Clearing Agreement provides for an initial term and allows any party to deliver a notice of termination following such initial term within the notice period set forth in the Clearing Agreement. Pursuant to the terms of the Clearing Agreement and the termination notice, the Clearing Agreement will terminate on November 7, 2012. The NYSE Euronext Parties and the Clearnet Parties are the only parties to the Clearing Agreement, and no early termination penalties will be incurred by any of the NYSE Euronext Parties in connection with the termination.
Other than in respect of the Clearing Agreement, NYSE Euronext and its affiliates material relationships with the Clearnet Parties include NYSE Euronexts ownership of 9.1% of LCH.Clearnet Group Limiteds outstanding share capital as of March 31, 2010 and the right to appoint one member to its board of directors. In addition, NYSE Euronexts NYSE Liffe London Market outsources certain clearing guarantee arrangements and related risk functions to LCH.Clearnet Limited, an affiliate of LCH.Clearnet Group Limited.
A copy of the press release announcing NYSE Euronexts European clearing strategy is attached as exhibit 99.1 to this report.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
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.