EX-99.D(6) 4 fifthstreet-formtx1deutsch.htm FORM T-1 FifthStreet-FormT-1DeutscheBank-january2014 EX 99 (D)(6)
    

Exhibit (d)(6)
_____________________________________________________________________________
UNITED STATES
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)
______________________________

DEUTSCHE BANK TRUST COMPANY AMERICAS
(formerly BANKERS TRUST COMPANY)
(Exact name of trustee as specified in its charter)

NEW YORK                                    13-4941247
(Jurisdiction of Incorporation or                            (I.R.S. Employer
organization if not a U.S. national bank)                        Identification no.)

60 WALL STREET
NEW YORK, NEW YORK                            10005
(Address of principal                                (Zip Code)
executive offices)

Deutsche Bank Trust Company Americas
Attention: Lynne Malina
Legal Department
60 Wall Street, 37th Floor
New York, New York 10005
(212) 250 – 0677
(Name, address and telephone number of agent for service)
______________________________________________________

Fifth Street Finance Corp.
(Exact name of obligor as specified in its charter)

Delaware                       26-1219283
(State or other jurisdiction                 (IRS Employer Identification No.)         of incorporation or organization)

10 Bank Street, 12th Floor, White Plains, NY        10606
(Address of principal executive offices)            (Zip Code)





Debt Securities
(Title of the Indenture securities)



    


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.
    
Name                            Address
    
Federal Reserve Bank (2nd District)            New York, NY
Federal Deposit Insurance Corporation            Washington, D.C.
New York State Banking Department            Albany, NY

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

Item 2.
Affiliations with Obligor.

If the obligor is an affiliate of the Trustee, describe each such affiliation.

None.

Item 3. -15.
Not Applicable

Item 16.
List of Exhibits.

Exhibit 1 -
Restated Organization Certificate of Bankers Trust Company dated August 6, 1998, Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated September 25, 1998, Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated December 16, 1998, and Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated February 27, 2002 - Incorporated herein by reference to Exhibit 1 filed with Form T-1 Statement, Registration No. 333-157637-01.
.

Exhibit 2 -
Certificate of Authority to commence business - Incorporated herein by reference to Exhibit 2 filed with Form T-1 Statement, Registration No. 333-157637-01.
.


Exhibit 3 -
Authorization of the Trustee to exercise corporate trust powers - Incorporated herein by reference to Exhibit 3 filed with Form T‑1 Statement, Registration No. 333-157637-01.

.

Exhibit 4 -
Existing By-Laws of Deutsche Bank Trust Company Americas, as amended on April 15, 2002 business - Incorporated herein by reference to Exhibit 4 filed with Form T-1 Statement, Registration No. 333-157637-01.






    




Exhibit 5 -
Not applicable.

Exhibit 6 -
Consent of Bankers Trust Company required by Section 321(b) of the Act. - business - Incorporated herein by reference to Exhibit 6 filed with Form T-1 Statement, Registration No. 333-157637-01.

Exhibit 7 -
The latest report of condition of Deutsche Bank Trust Company Americas dated as of September 30, 2013. Copy attached.

Exhibit 8 -
Not Applicable.

Exhibit 9 -
Not Applicable.


























 

















    





SIGNATURE



Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Deutsche Bank Trust Company Americas, a corporation organized and existing under the laws of the State of New York, 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 this 5th day of February, 2014.


DEUTSCHE BANK TRUST COMPANY AMERICAS

/s/ Carol Ng_________
By:    Name: Carol Ng
Title: Vice President