EX-25 5 dex25.htm STATEMENT OF ELIGIBILITY OF THE TRUSTEE OF FORM T-1 Statement of Eligibility of the Trustee of Form T-1

Exhibit 25


SECURITIES AND EXCHANGE COMMISSION

Washington, D. C. 20549

 


FORM T-1

 

STATEMENT OF ELIGIBILITY UNDER

THE TRUST INDENTURE ACT OF 1939 OF

A CORPORATION DESIGNATED TO ACT AS TRUSTEE

CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF

A TRUSTEE PURSUANT TO SECTION 305(b)(2)

 


JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

 


 

  13-4994650

(State of incorporation

if not a national bank)

 

(I.R.S. employer

identification No.)

 

 

1111 Polaris Parkway  
Columbus, Ohio   43271
(Address of principal executive offices)   (Zip Code)

Pauline E. Higgins

Vice President and Assistant General Counsel

JPMorgan Chase Bank, National Association

707 Travis Street, 4th Floor North

Houston, Texas 77002

Tel: (713) 216-1436

(Name, address and telephone number of agent for service)

Tyson Foods, Inc.

(Exact name of obligor as specified in its charter)

 


 

DELAWARE   71-0225165

(State or other jurisdiction of

incorporation or organization)

 

(I.R.S. employer

identification No.)

 

2210 West Oaklawn Drive  
Springdale, Arkansas   72762-6999
(Address of principal executive offices)   (Zip Code)

Debt Securities

(Title of the indenture securities)

 



GENERAL

 

Item 1. General Information.

Furnish the following information as to the trustee:

(a) Name and address of each examining or supervising authority to which it is subject.

Comptroller of the Currency, Washington, D.C.

Board of Governors of the Federal Reserve System, Washington, D.C., 20551

Federal Deposit Insurance Corporation, Washington, D.C., 20429.

(b) Whether it is authorized to exercise corporate trust powers.

Yes.

 

Item 2. Affiliations with the Obligor and Guarantors.

If the obligor or any guarantor is an affiliate of the trustee, describe each such affiliation.

None.

 

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Item 16. List of Exhibits

List below all exhibits filed as a part of this Statement of Eligibility.

1. A copy of the Articles of Association of JPMorgan Chase Bank, N.A. (see Exhibit 1 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

2. A copy of the Certificate of Authority of the Comptroller of the Currency for the trustee to commence business. (see Exhibit 2 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

3. None, the authority of the trustee to exercise corporate trust powers being contained in the documents described in Exhibits 1 and 2.

4. A copy of the existing By-Laws of the Trustee. (see Exhibit 4 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

5. Not applicable.

6. The consent of the Trustee required by Section 321(b) of the Act. (see Exhibit 6 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

7. A copy of the latest report of condition of the Trustee, published pursuant to law or the requirements of its supervising or examining authority.

8. Not applicable.

9. Not applicable.

SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939 the Trustee, JPMorgan Chase Bank, N.A., has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of New York and State of New York, on the 8th day of March, 2005.

 

JPMORGAN CHASE BANK, N.A.
By  

/s/ Albert Mari, Jr.

  Albert Mari, Jr., Vice President

 

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Exhibit 7

Bank Call Notice

RESERVE DISTRICT NO. 2

CONSOLIDATED REPORT OF CONDITION OF

JPMorgan Chase Bank, N.A.

of 1111 Polaris Parkway, Columbus, Ohio 43240

and Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System,

at the close of business September 30, 2005, in

accordance with a call made by the Federal Reserve Bank of this

District pursuant to the provisions of the Federal Reserve Act.

 

     Dollar Amounts  
     in Millions  
ASSETS   

Cash and balances due from depository institutions:

  

Noninterest-bearing balances and currency and coin

   $ 28,433  

Interest-bearing balances

     17,638  

Securities:

  

Held to maturity securities

     84  

Available for salesecurities

     55,133  

Federal fundssold and securities purchased under agreements to resell

  

Federal funds soldindomesticoffices

     24,468  

Securities purchasedunderagreementstoresell

     167,210  

Loans and lease financing receivables:

  

Loans and leases held for sale

     30,960  

Loans and leases, net of unearned income

   $ 360,848  

Less: Allowance for loan and lease losses

     4,895  

Loans and leases, net of unearned income and allowance

     355,953  

Trading Assets

     229,642  

Premises and fixed assets (including capitalized leases)

     8,279  

Other real estate owned

     141  

Investments in unconsolidated subsidiaries and associated companies

     794  

Customers’ liability to this bank on acceptances outstanding

     738  

Intangible assets

  

Goodwill

     23,365  

Other Intangible assets

     10,275  

Otherassets

     55,313  

TOTAL ASSETS

   $ 1,008,426  
        
LIABILITIES   

Deposits

  

In domestic offices

   $ 389,235  

Noninterest-bearing

   $ 138,883  

Interest-bearing

     250,352  

In foreign offices, Edge and Agreement subsidiaries and IBF’s

     140,161  

Noninterest-bearing

   $ 6,800  

Interest-bearing

     133,361  

Federal funds purchased and securities sold under agree-ments to repurchase:

  

Federal funds purchased in domestic offices

     8,435  

Securities sold under agreements to repurchase

     109,608  

Trading liabilities

     131,588  

Other borrowed money (includes mortgage indebtedness and obligations under capitalized leases).

     82,712  

Bank’s liability on acceptances executed and outstanding

     738  

Subordinated notes and debentures

     17,662  

Other liabilities .

     40,948  

TOTAL LIABILITIES

     921,087  

Minority Interest in consolidated subsidiaries

     2,249  
EQUITY CAPITAL   

Perpetual preferred stock and related surplus

     0  

Common stock .

     1,785  

Surplus (exclude all surplus related to preferred stock)

     59,467  

Retained earnings.

     24,523  

Accumulated other comprehensive income.

     (685 )

Other equity capital components.

     0  

TOTAL EQUITY CAPITAL

     85,090  
        

TOTAL LIABILITIES, MINORITY INTEREST, AND EQUITY CAPITAL

   $ 1,008,426  
        

 

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I, Joseph L. Sclafani, E.V.P. & Controller of the above-named bank, do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.

JOSEPH L. SCLAFANI

We, the undersigned directors, attest to the correctness of this Report of Condition and declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.

 

WILLIAM B. HARRISON, JR

   )   

JAMES DIMON

   )        DIRECTORS

MICHAEL J. CAVANAGH

   )