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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
FORM 8-K
 
CURRENT REPORT
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)
 
NYSE Euronext
(Exact name of registrant as specified in its charter)
 
         
Delaware
(State or other jurisdiction
of incorporation)
  001-33392
(Commission File Number)
  20-5110848
(IRS Employer
Identification No.)
     
11 Wall Street
New York, New York
(Address of principal executive offices)
  10005
(Zip Code)
Registrant’s telephone number, including area code: (212) 656-3000
Not Applicable
(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 Euronext’s ownership of 9.1% of LCH.Clearnet Group Limited’s outstanding share capital as of March 31, 2010 and the right to appoint one member to its board of directors. In addition, NYSE Euronext’s 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 Euronext’s European clearing strategy is attached as exhibit 99.1 to this report.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits
         
Exhibit    
Number   Description
  99.1    
Press Release, dated May 12, 2010, entitled “NYSE Euronext Announces European Clearing Strategy.”

 


 

SIGNATURES
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.
         
  NYSE Euronext
 
 
Dated: May 12, 2010  By   /s/ Janet M. Kissane    
    Janet M. Kissane   
    Senior Vice President — Legal & Corporate Secretary