0001193125-07-065420 Sample Contracts

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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