From: Jon.Kroeper@Instinet.com Sent: Friday, March 19, 2004 11:15 AM To: rule-comments@sec.gov Cc: katzj@sec.gov; nazaretha@sec.gov; colbyr@sec.gov Subject: REQUEST TO TESTIFY on File No. S7-10-04 Importance: High Dear Mr. Katz, On behalf of Edward J. Nicoll, CEO of Instinet Group Incorporated, I request that the Commission permit Mr. Nicoll to appear to testify at the public hearings concerning the Commission's proposed Regulation NMS (File No. S7-10- 04). Mr. Nicoll would strongly prefer to testify at the April 1st hearing. However, if necessary, Mr. Nicoll could be available to testify at the April 21st hearing. If you have any questions regarding this request, please feel free to contact me at either of the numbers below. Mr. Nicoll's oral statement or summary of intended testimony will be forwarded to you separately on or before March 26, 2004. Regards, Jon Kroeper FVP and Associate General Counsel Instinet Group, LLC 202.898.8438 (direct) 917.692.8904 (cell) 202.789.2261 (fax) ***************************************************************** <<>> In compliance with applicable rules and regulations, Instinet reviews and archives incoming and outgoing email communications, copies of which may be produced at the request of regulators. This message is being sent by or on behalf of the Legal and Compliance Department of Instinet Corporation and may contain information which is confidential or privileged. If you are not the intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy either in hard copy format or electronically. Instinet accepts no liability for any errors or omissions arising as a result of email transmission and any opinions contained in this email constitute the sender's best judgment at this time and are subject to change without notice. Instinet does not make recommendations of a particular security. Information contained in this email should not be considered as a recommendation, an offer or a solicitation of an offer to buy or sell securities. *****************************************************************