Common Contracts

FIFTH AMENDED AND RESTATED OPERATING AGREEMENT

Operating Agreement • December 31st, 2008 • Delaware

• Contract Type
  Operating Agreement
• Filed
  December 31st, 2008
• Jurisdiction
  Delaware

NASDAQ OMX BX Equities LLC (the “Company”) is made as of December 30, 2008 (the “Effective Date”), by and among The NASDAQ OMX Group, Inc., a Delaware corporation (“NASDAQ OMX”) and NASDAQ OMX BX, Inc., a Delaware corporation (“BX”) and wholly-owned subsidiary of NASDAQ OMX as the sole Members of the Company, for the purpose of recording their agreement regarding the affairs of the Company and the conduct of its business.