Nymex Holdings Inc Sample Contracts

Exhibit 10.14 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT dated as of March 31, 2003, by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC, which have their principal place of business at One North End Avenue, New York, New York...
Employment Agreement • May 15th, 2003 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York
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1 EXHIBIT 10.12
Employment Agreement • March 29th, 2001 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York
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GROUND LEASE between
Agreement of Lease • April 14th, 2000 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York
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among
Funding Agreement • April 14th, 2000 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York
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EXHIBIT 10.9 Cisco Systems, Inc. Agreement No.: _________ CONFIDENTIAL New York Mercantile Exchange Cisco Systems Inc. SMARTnet Agreement This SMARTnet Agreement ("Agreement") is made and entered into this 21 day of 5, 1996 ("Effective Date"), between...
1 • April 14th, 2000 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • California
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NYMEX HOLDINGS, INC. Shares of Common Stock Underwriting Agreement
Nymex Holdings Inc • November 14th, 2006 • Security & commodity brokers, dealers, exchanges & services • New York

NYMEX Holdings, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [ ] shares of common stock, par value $0.01 per share, of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose severally to sell to the Underwriters an aggregate of [ ] shares of common stock of the Company. In addition, at the option of the Underwriters, the Company proposes to issue and sell to the several Underwriters up to an additional [ ] shares of common stock to cover over-allotments, if any. The aggregate of [ ] shares of common stock to be sold by the Company and the Selling Stockholders is herein called the “Underwritten Shares” and the aggregate of [ ] additional shares of common stock to be sold by the Company at the Underwriters’ option is herein called the “Option S

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EMPLOYMENT AGREEMENT
Employment Agreement • December 28th, 2004 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

EMPLOYMENT AGREEMENT dated as of August 2, 2004, by and between NYMEX HOLDINGS, INC. (“NYMEX Holdings”) and NEW YORK MERCANTILE EXCHANGE, INC., (“NYMEX” and together with NYMEX Holdings, the “Company”), and JAMES E. NEWSOME (the “Executive”).

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AGREEMENT AND PLAN OF MERGER AMONG CME GROUP INC., CMEG NY INC., NYMEX HOLDINGS, INC. AND NEW YORK MERCANTILE EXCHANGE, INC. DATED AS OF MARCH 17, 2008
Agreement and Plan of Merger • March 20th, 2008 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of March 17, 2008 (this “Agreement”), is made and entered into among CME GROUP INC., a Delaware corporation (“CME Group”), CMEG NY INC., a Delaware corporation and a direct, wholly-owned Subsidiary of CME Group (“Merger Sub”), NYMEX HOLDINGS, INC, a Delaware corporation (“NYMEX Holdings”), and NEW YORK MERCANTILE EXCHANGE, INC., a Delaware non-stock corporation and a wholly-owned Subsidiary of NYMEX Holdings (“NYMEX”). CME Group, Merger Sub, NYMEX Holdings and NYMEX are referred to individually as a “Party” and collectively as the “Parties.”

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AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • July 23rd, 2008 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Delaware

This AMENDMENT NO. 2, dated as of July 18, 2008 (this “Amendment”), to the Agreement and Plan of Merger, dated as of March 17, 2008 and amended as of June 30, 2008 (the “Agreement”), is by and among CME Group Inc., a Delaware corporation (“CME Group”), CMEG NY Inc., a Delaware corporation and a direct, wholly-owned Subsidiary of CME Group (“Merger Sub”), NYMEX Holdings, Inc., a Delaware corporation (“NYMEX Holdings”), and New York Mercantile Exchange, Inc., a Delaware non-stock corporation and a wholly-owned Subsidiary of NYMEX Holdings (“NYMEX”).

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SERVICES AGREEMENT EFFECTIVE THIS 6th DAY OF APRIL, 2006
Cross-Margining Agreement • August 14th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Illinois

The New York Mercantile Exchange, Inc. (“NYMEX”), a Delaware corporation having an office at One North End Avenue, World Financial Center, New York, New York 10282 U.S.A. and Chicago Mercantile Exchange Inc., (“CME”), a business corporation organized under the laws of the State of Delaware and having its principal office situated at 20 South Wacker Drive, Chicago, Illinois 60606 U.S.A. (each an “Exchange” and collectively “the Exchanges”), in anticipation of certain NYMEX products being listed for trading on Globex®, and the corresponding need to administer and enforce the rules of their respective Exchanges, desire to amend and restate their existing Information Sharing Agreement, dated as of June 6, 2002, and have reached the following understanding:

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AMENDMENT NO. 1 TO SERVICES AGREEMENT
Services Agreement • July 25th, 2008 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Illinois

This AMENDMENT NO. 1, dated as of July 18, 2008 (this “Amendment”), to the Services Agreement, dated as of April 6, 2006 (the “Agreement”), is between Chicago Mercantile Exchange Inc., a Delaware corporation (“CME”), and New York Mercantile Exchange, Inc., a Delaware corporation (“NYMEX”).

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CUSTOMER NAME: New York Mercantile Exchange Inc. CONTRACT ADMINISTRATOR: Debra Bibsugbire CUSTOMER LOCATION: One North End Avenue PHONE: 212-299-2818 New York, NY 10282 FAX: 212-301-4631 TECHNICAL CONTACT: Larry Scheinberg ORACLE CONTRACT INFORMATION...
Nymex Holdings Inc • April 14th, 2000 • Security & commodity brokers, dealers, exchanges & services
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October 24, 2006 Dear Jerry:
Nymex Holdings Inc • October 27th, 2006 • Security & commodity brokers, dealers, exchanges & services

This letter (the "Agreement and Release") confirms the termination of your employment as a Chief Operating Officer and Chief Financial Officer of the New York Mercantile Exchange, Inc. (the "Company") effective October 24, 2006 ("Termination Date"). The various benefits and options available to you with respect to the termination of your employment are as follows:

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INVESTOR RIGHTS AGREEMENT among NYMEX HOLDINGS, INC., GENERAL ATLANTIC PARTNERS 82, L.P., GAPSTAR, LLC, GAP COINVESTMENTS III, LLC, GAP COINVESTMENTS IV, LLC, GAP COINVESTMENTS CDA, L.P. and GAPCO GMBH & CO. KG Dated: March 14, 2006
Investor Rights Agreement • March 17th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

INVESTOR RIGHTS AGREEMENT, dated as of March 14, 2006, by and among NYMEX HOLDINGS, INC., a Delaware corporation (the “Company”), GENERAL ATLANTIC PARTNERS 82, L.P., a Delaware limited partnership (“GAP LP”), GAPSTAR, LLC, a Delaware limited liability company (“GapStar”), GAP COINVESTMENTS III, LLC, a Delaware limited liability company (“GAP Coinvestments III”), GAP COINVESTMENTS IV, LLC, a Delaware limited liability company (“GAP Coinvestments IV”), GAP COINVESTMENTS CDA, L.P., a Delaware limited partnership (“GAP Coinvestments CDA”), and GAPCO GMBH & CO. KG, a German limited partnership (“GmbH Coinvestment”).

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Exhibit 10.13 EMPLOYMENT AGREEMENT TERM SHEET J. ROBERT COLLINS, JR. In connection with the employment of J. Robert Collins (the "Executive") by the New York Mercantile Exchange, Inc. ("NYMEX Exchange") and NYMEX Holdings, Inc. ("NYMEX Holdings" and,...
Employment Agreement • May 15th, 2002 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services
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FIRST AMENDMENT
First Amendment • November 24th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

This is the First Amendment to the Employment Agreement (the “Agreement”) dated March 1, 2006 entered into by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC, which have their principal place of business at One North End Avenue, New York, New York 10282 (collectively, the “Company”), and CHRISTOPHER BOWEN (the “Executive”).

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ADVISOR SERVICES AGREEMENT
Advisor Services Agreement • May 7th, 2004 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

WHEREAS, this Advisor Services Agreement (“Agreement”) is entered into as of March 17, 2004 (“Effective Date”) between Vincent Viola (“Advisor”), an individual having his principal place of business at 34 Chandler Road, Chatham, NJ 07928 and NYMEX Holdings, Inc. (“NYMEX”), a Delaware corporation having its principal place of business at One North End Avenue, New York, NY 10282 (Advisor and NYMEX are collectively referred to herein as the “Parties” and individually as a “Party”).

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SECOND AMENDMENT
Employment Agreement • November 24th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

This is the Second Amendment to the Employment Agreement dated March 31, 2003 entered into by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC, which have their principal place of business at One North End Avenue, New York, New York 10282 (collectively, the "Company"), and SAMUEL GAER (the "Executive"), as subsequently amended by the First Amendment entered into by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC and EXECUTIVE, effective as of March 31, 2006 (collectively the “Agreement”).

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FIRST AMENDMENT TO ADVISOR SERVICES AGREEMENT
Advisor Services Agreement • May 18th, 2005 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services

NYMEX Holdings, Inc. ("NYMEX") and Vincent Viola ("Advisor") hereby amend the Advisor Services Agreement dated March 17, 2004 between said parties ("Agreement"), by executing this First Amendment to Advisor Services Agreement ("Amendment") effective as of March 17, 2005.

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SERVICES AGREEMENT EFFECTIVE THIS 6th DAY OF APRIL, 2006
Cross-Margining Agreement • November 1st, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Illinois

The New York Mercantile Exchange, Inc. (“NYMEX”), a Delaware corporation having an office at One North End Avenue, World Financial Center, New York, New York 10282 U.S.A. and Chicago Mercantile Exchange Inc., (“CME”), a business corporation organized under the laws of the State of Delaware and having its principal office situated at 20 South Wacker Drive, Chicago, Illinois 60606 U.S.A. (each an “Exchange” and collectively “the Exchanges”), in anticipation of certain NYMEX products being listed for trading on Globex®, and the corresponding need to administer and enforce the rules of their respective Exchanges, desire to amend and restate their existing Information Sharing Agreement, dated as of June 6, 2002, and have reached the following understanding:

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EMPLOYMENT AGREEMENT
Employment Agreement • May 7th, 2004 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

EMPLOYMENT AGREEMENT dated as of January 8, 2004 by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC. each having its principal place of business at One North End Avenue, New York, New York 10282 (collectively, the “Company”), and Madeline Boyd (the “Employee”) an individual residing at 146 West 83rd Street, Apartment 4H, New York, New York 10024.

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INVESTOR RIGHTS AGREEMENT
Investor Rights Agreement • July 6th, 2007 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

INVESTOR RIGHTS AGREEMENT (this “Agreement”), dated as of April 10, 2007, by and among: (a) Optionable, Inc., a Delaware corporation (the “Company”), (b) NYMEX Holdings, Inc., a Delaware corporation (the “Investor”), and (c) Mark Nordlicht, Edward O’Connor, through Ridgecrest Capital, Inc., a New York corporation (“Ridgecrest”), and Kevin Cassidy, through Pierpont Capital, Inc., a New York corporation (“Pierpont”) (each a “Founder” and collectively, the “Founders”).

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EMPLOYMENT AGREEMENT
Employment Agreement • April 11th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

EMPLOYMENT AGREEMENT dated as of March 1, 2006, by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC, which have their principal place of business at One North End Avenue, New York, New York 10282 (collectively, the "Company"), and Christopher K. Bowen (the "Executive").

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AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER By and Among NEW YORK MERCANTILE EXCHANGE, COMEX ACQUISITION CORP. and COMMODITY EXCHANGE, INC.
Agreement and Plan of Merger • July 17th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

This AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (“Amendment No. 1”) is made this 25th day of March, 1994 by and among NEW YORK MERCANTILE EXCHANGE, a corporation organized under the New York Not-For-Profit Corporation Law (the “Buyer”), COMEX ACQUISITION CORP., a corporation organized under the New York Not-For-Profit Corporation Law (“NewCo”), and COMMODITY EXCHANGE, INC., a corporation organized under the New York Not-For-Profit Corporation Law (the “Company”), and amends the Agreement and Plan of Merger dated January 28, 1994 (the “Original Agreement”), by and among the Buyer, NewCo, and the Company.

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AGREEMENT AND PLAN OF MERGER By and Among NEW YORK MERCANTILE EXCHANGE, COMEX ACQUISITION CORP. and COMMODITY EXCHANGE, INC.
Agreement and Plan of Merger • July 17th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

This AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made this 28th day of January, 1994 by and among NEW YORK MERCANTILE EXCHANGE, a corporation organized under the New York Not-For-Profit Corporation Law (the “Buyer”), COMEX ACQUISITION CORP., a corporation organized under the New York Not-For-Profit Corporation Law (“NewCo”), and COMMODITY EXCHANGE, INC., a corporation organized under the New York Not-For-Profit Corporation Law (the “Company”).

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Exhibit 10.10 Cisco Systems, Inc. Agreement No.: ____________ CONFIDENTIAL CISCO SYSTEMS, INC. NETWORK SUPPORTED ACCOUNT AGREEMENT This Network Supported Account Agreement ("Agreement") is made and entered into this 21 day of May 1996 ("Effective...
Account Agreement • April 14th, 2000 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • California
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CONSULTING SERVICES AGREEMENT
Consulting Services Agreement • October 27th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

WHEREAS, this Consulting Services Agreement ("Agreement") is entered into as of October 25, 2006 ("Effective Date") between Jerry Bailey ("Consultant"), an individual having his principal place of business at 101 Ironwood Ct., Middletown, New Jersey 07748 and the New York Mercantile Exchange, Inc. ("NYMEX"), a Delaware corporation having its principal place of business at One North End Avenue, New York, NY 10282 (Consultant and NYMEX are collectively referred to herein as the "Parties" and individually as a "Party").

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EMPLOYMENT AGREEMENT
Employment Agreement • August 6th, 2004 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

EMPLOYMENT AGREEMENT dated as of May 3, 2004 by and between NYMEX HOLDINGS, INC. and NEW YORK MERCANTILE EXCHANGE, INC. each having its principal place of business at One North End Avenue, New York, New York 10282 (collectively, the “Company”), and Sean Keating (the “Employee”) an individual residing at 139 Woods End, Basking Ridge NJ 07920

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TRANSACTION AGREEMENT BY AND AMONG NEW YORK MERCANTILE EXCHANGE, INC., NYMEX HOLDINGS, INC., COMMODITY EXCHANGE, INC. AND THE GOVERNORS COMMITTEE OF COMMODITY EXCHANGE, INC. Dated as of SEPTEMBER 20, 2006
Transaction Agreement • September 26th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

This TRANSACTION AGREEMENT (this “Agreement”) is made and entered into as of the 20th day of September, 2006 by and among New York Mercantile Exchange, Inc., a Delaware corporation (“NYMEX”), NYMEX Holdings, Inc., a Delaware corporation (“NYMEX Holdings”), Commodity Exchange, Inc., a corporation organized under the New York Not-For-Profit Law (“COMEX,” and, together with NYMEX and NYMEX Holdings, the “NYMEX Parties”), on the one hand, and the Governors Committee of COMEX (the “Governors Committee”), on the other hand. Capitalized terms used but not previously defined are defined in Section 1 of this Agreement.

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REGISTRATION RIGHTS AGREEMENT among NYMEX HOLDINGS, INC., GENERAL ATLANTIC PARTNERS 82, L.P., GAPSTAR, LLC, GAP COINVESTMENTS III, LLC, GAP COINVESTMENTS IV, LLC, GAP COINVESTMENTS CDA, L.P. and GAPCO GMBH & CO. KG Dated: March 14, 2006
Registration Rights Agreement • March 17th, 2006 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

REGISTRATION RIGHTS AGREEMENT, dated March 14, 2006 (this “Agreement”), among NYMEX Holdings, Inc., a Delaware corporation (the “Company”), General Atlantic Partners 82, L.P., a Delaware limited partnership (“GAP LP”), GapStar, LLC, a Delaware limited liability company (“GapStar”), GAP Coinvestments III, LLC, a Delaware limited liability company (“GAP Coinvestments III”), GAP Coinvestments IV, LLC, a Delaware limited liability company (“GAP Coinvestments IV”), GAP Coinvestments CDA, L.P., a Delaware limited partnership (“GAP Coinvestments CDA”), and GAPCO GmbH & Co. KG, a German limited partnership (“GmbH Coinvestment” and together with GAP LP, GapStar, GAP Coinvestments III, GAP Coinvestments IV and GAP Coinvestments CDA, the “Purchasers”).

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NYMEX HOLDINGS, INC. 7,000,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • March 27th, 2007 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

Such counsel shall also state that they have participated in conferences with representatives of the Company and with representatives of its independent accountants and counsel at which conferences the contents of the Registration Statement, the Time of Sale Information and the Prospectus and any amendment and supplement thereto and related matters were discussed and on the basis of the foregoing, (i) the Registration Statement, at the time it became effective and the Prospectus, as of its date, appeared on their face to be appropriately responsive in all material respects to the requirements of the Securities Act and the Rules and Regulations, (except that in each case such counsel need not express any view as to the financial statements, financial schedules and other financial information included therein or excluded therefrom) and (ii) no facts have come to such counsel’s attention that have caused such counsel to believe that the Registration Statement, at the time it became effect

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TRUST UNDER THE NEW YORK MERCANTILE EXCHANGE MEMBERS RETENTION AND RETIREMENT PLAN
Nymex Holdings Inc • April 14th, 2000 • Security & commodity brokers, dealers, exchanges & services • New York
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STOCK PURCHASE AGREEMENT among NYMEX HOLDINGS, INC., GENERAL ATLANTIC PARTNERS 82, L.P., GAPSTAR, LLC, GAP COINVESTMENTS III, LLC, GAP COINVESTMENTS IV, LLC and GAPCO GMBH & CO. KG Dated: November 14, 2005
Stock Purchase Agreement • November 18th, 2005 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • New York

STOCK PURCHASE AGREEMENT, dated as of November 14, 2005, by and among NYMEX HOLDINGS, INC., a Delaware corporation (the “Company”), GENERAL ATLANTIC PARTNERS 82, L.P., a Delaware limited partnership (“GAP LP”), GAPSTAR, LLC, a Delaware limited liability company (“GapStar”), GAP COINVESTMENTS III, LLC, a Delaware limited liability company (“GAP Coinvestments III”), GAP COINVESTMENTS IV, LLC, a Delaware limited liability company (“GAP Coinvestments IV”), and GAPCO GMBH & CO. KG, a German limited partnership (“GmbH Coinvestment” and, collectively with GAP LP, GapStar, GAP Coinvestments III and GAP Coinvestments IV, the “Purchasers”).

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1 Exhibit 10.8.1 ORACLE SOFTWARE LICENSE AND SERVICES AGREEMENT This Software License and services agreement (the "Agreement" is between Oracle Corporation with the principal place of business at 500 Oracle parkway, Redwood City, California 94065...
Oracle Software License and Services Agreement • May 1st, 2000 • Nymex Holdings Inc • Security & commodity brokers, dealers, exchanges & services • California
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FOR IMMEDIATE RELEASE Contact: Anu Ahluwalia
Nymex Holdings Inc • January 31st, 2006 • Security & commodity brokers, dealers, exchanges & services
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