Sunshine Act Meeting, 26750 [E9-12914]
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PWALKER on PROD1PC71 with NOTICES
26750
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices
at least annually, a written report to the
Trustees setting forth a description of
the nature of any dispute and the
actions taken by the Funds to resolve
the dispute.
16. Each Fund will maintain and
preserve for a period of not less than six
years from the end of the fiscal year in
which any transaction by it under the
proposed credit facility occurred, the
first two years in an easily accessible
place, written records of all such
transactions setting forth a description
of the terms of the transactions,
including the amount, the maturity and
the Interfund Loan Rate, the rate of
interest available at the time on
overnight repurchase agreements and
commercial bank borrowings, the yield
of any money market fund in which the
lending Fund could otherwise invest,
and such other information presented to
the Fund’s Trustees in connection with
the review required by conditions 13
and 14.
17. Managers will prepare and submit
to the Trustees for review an initial
report describing the operations of the
proposed credit facility and the
procedures to be implemented to ensure
that all Funds are treated fairly. After
the commencement of the proposed
credit facility, Managers will report on
the operations of the proposed credit
facility at the Trustees’ quarterly
meetings.
In addition, for two years following
the commencement of the credit facility,
the independent public accountant for
each Fund shall prepare an annual
report that evaluates Managers’
assertion that it has established
procedures reasonably designed to
achieve compliance with the terms and
conditions of the order. The report will
be prepared in accordance with the
Statements on Standards for Attestation
Engagements No. 10 and it shall be filed
pursuant to Item 77Q3 of Form N–SAR
as such Statements or Form may be
revised, amended or superseded from
time to time. In particular, the report
shall address procedures designed to
achieve the following objectives: (i) That
the Interfund Loan Rate will be higher
than the Repo Rate, and, if applicable,
the yield of the money market funds,
but lower than the Bank Loan Rate; (ii)
compliance with the collateral
requirements as set forth in the
Application; (iii) compliance with the
percentage limitations on interfund
borrowing and lending; (iv) allocation of
interfund borrowing and lending
demand in an equitable manner and in
accordance with procedures established
by the Trustees; and (v) that the
Interfund Loan Rate does not exceed the
interest rate on any third party
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16:08 Jun 02, 2009
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borrowings of a borrowing Fund at the
time of the Interfund Loan.
After the final report is filed, each
Fund’s independent auditors, in
connection with their audit examination
of the Fund, will continue to review the
operation of the proposed credit facility
for compliance with the conditions of
the Application and their review will
form the basis, in part, of the auditor’s
report on internal accounting controls in
Form N–SAR.
18. No Fund will participate in the
proposed credit facility upon receipt of
requisite regulatory approval unless it
has fully disclosed in its prospectus
and/or statement of additional
information all material facts about its
intended participation.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–12917 Filed 6–2–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, June 4, 2009 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matters at the Closed
Meeting.
Chairman Schapiro, as duty officer,
voted to consider the items listed for the
Closed Meeting in a closed session and
determined that no earlier notice thereof
was possible.
The subject matter of the Closed
Meeting scheduled for Thursday, June 4,
2009 will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings;
Consideration of amicus participation;
and
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
Other matters related to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: May 29, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–12914 Filed 6–2–09; 8:45 am]
BILLING CODE P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59995; File No. SR–Phlx–
2009–32]
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc; Notice of
Filing of Amendment No. 3 and Order
Granting Accelerated Approval of
Proposed Rule Change, as Modified by
Amendment Nos. 1, 2, and 3 Thereto,
Relating to the Exchange’s Enhanced
Electronic Trading Platform for
Options, Phlx XL II
May 28, 2009.
I. Introduction
On April 3, 2009, NASDAQ OMX
PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b-4 thereunder,2 a proposed rule
change to implement several
enhancements to its electronic options
trading system, Phlx XL, the enhanced
system being called Phlx XL II. The
proposed rule change was published for
comment in the Federal Register on
April 14, 2009.3 On April 15, 2009, Phlx
filed with the Commission, pursuant to
Section 19(b)(1) of the Act 4 and Rule
19b–4 thereunder,5 Amendment No. 1
to the proposed rule change.
Amendment No. 1 to the proposed rule
change was published for comment in
the Federal Register on April 23, 2009.6
The Commission received two comment
letters on the proposed rule change and
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 59721
(April 7, 2009), 74 FR 17245 (April 14, 2009)
(‘‘Notice’’).
4 15 U.S.C. 78s(b)(1).
5 17 CFR 240.19b–4.
6 See Securities Exchange Act Release No. 59779
(April 16, 2009), 74 FR 18600 (April 23, 2009)
(‘‘Amendment Notice’’).
2 17
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03JNN1
]]>Agencies
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Page 26750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12914]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, June 4,
2009 at 2 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
Chairman Schapiro, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session and determined that
no earlier notice thereof was possible.
The subject matter of the Closed Meeting scheduled for Thursday,
June 4, 2009 will be:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Consideration of amicus participation; and
Other matters related to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551-5400.
Dated: May 29, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-12914 Filed 6-2-09; 8:45 am]
BILLING CODE P
