On January 9, 2008, the board of directors (the "Board") of NYMEX Holdings, Inc. (the "Company") approved the Company's Change in Control Severance Plan (the "Plan"), which is attached to this Current Report on Form 8-K as Exhibit 10.1. The Plan, which is in effect for an initial three-year term, provides payments and benefits to certain officers of the Company (as described below) if they are terminated, either without Cause or for Good Reason, (i) during the eighteen (18) month period following a change in control, or (ii) at the request of a third party in contemplation of a change in control (and such change in control is consummated) (each a "Qualified Termination"). (As used herein, each of "cause," "good reason" and "change in control" shall have the meaning ascribed thereto in the Plan.)

The Plan establishes three tiers of participants (as defined in the Plan) who are officers of the Company. Tier I consists of the Chairman and the President and Chief Executive Officer. Tier II consists of each officer of the Company with the title of Executive Vice President, General Counsel, Chief Financial Officer and Chief Regulatory Officer. Tier III consists of the Corporate Secretary and all Senior Vice Presidents (other than those included in Tier II).

The Plan provides a lump sum payment upon a participant's Qualified Termination of an amount equal to (i) his or her pro rata target bonus for the year in which the Qualified Termination occurs, and (ii) a multiple of the sum of (a) such participant's base salary for the year in which the Qualified Termination occurs and (b) Bonus (as defined in the Plan), where such multiple is, for Tier I participants, three (3); for Tier II participants, two (2); and for Tier III participants, one (1).

In addition, the Plan provides for a modified tax gross up to certain participants who become entitled to receive payments or benefits in connection with a change in control of the Company (whether under the Plan or any other agreement between the Company and the participant, notwithstanding any contrary provision in any such agreement, as applicable), to the extent such payments and benefits (individually or in the aggregate) constitute "excess parachute payments" under Section 280G of the Internal Revenue Code of 1986, as amended (the "Code"). Under the Plan, participants whose severance payments and benefits upon a Qualified Termination are less than 110% of their "capped amount" (defined below), shall have their payments and benefits reduced to their capped amount. Participants whose severance payments and benefits upon a Qualified Termination exceed 110% of their capped amount, shall receive a gross up payment from the Company with respect to the amount of any excise tax imposed under Section 4999 of the Code. For these purposes an individual's "capped amount" equals 2.99 multiplied by his or her "base amount." A participant's base amount, determined in accordance with Code Section 280G, is the average of his or her total compensation paid by the Company for employment services during the five year (or such lesser number of years of employment) period ending on the last day of the calendar year preceding the year in which the change in control occurs.

The narrative description set forth above is qualified in its entirety by the terms and provisions of the Plan, which is attached to this Current Report on Form 8-K as Exhibit 10.1.

Bonus Payments