EX-25.1 9 tv495528_ex25-1.htm EXHIBIT 25.1

 

Exhibit 25.1

 

FORM T-1

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

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)

 

THE BANK OF NEW YORK MELLON

 

(Exact name of trustee as specified in its charter)

 

New York
(State of incorporation
if not a U.S. national bank)
13-5160382
(I.R.S. employer
identification no.)
   
225 Liberty Street, New York, N.Y.
(Address of principal executive offices)
10286
(Zip code)

 

ECOPETROL S.A.
(Exact name of obligors as specified in their charters)

 

Republic of Colombia (State or other jurisdiction of
incorporation or organization)
Not Applicable
(I.R.S. employer
identification no.)

 

Ecopetrol S.A.
Carrera 13 No. 36-24
Bogota, Republic of Colombia
(Address of registrants' principal executive offices)

 

Debt Securities

 

(Title of the indenture securities)

  

 

 

 

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
   
New York State Department of Financial Services One State Street,
  New York, N.Y. 10004, and
  One Commerce Plaza,
  Albany, N.Y. 12257
   
Federal Reserve Bank of New York 33 Liberty Street, New York, N.Y. 10045
   
Federal Deposit Insurance Corporation 550 17th Street, N.W.
  Washington, D.C. 20429
   
New York Clearing House Association New York, New York 10005

 

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

 

Yes.

 

2.Affiliations with Obligor and Guarantor.

 

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

 

None.

 

3-15.Pursuant to General Instruction B of the Form T-1, no responses are included for Items 3-15 of this Form T-1 because, to the best of the Trustee's knowledge, the obligor or the guarantor is not in default under any Indenture for which the Trustee acts as Trustee and the Trustee is not a foreign trustee as provided under Item 15.

 

16.List of Exhibits.

 

Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act") and 17 C.F.R. 229.10(d).

 

1.       A copy of the Organization Certificate of The Bank of New York Mellon (formerly known as The Bank of New York, itself formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T 1 filed with Registration Statement No. 33-6215, Exhibits l a and l b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735).

 

4.       A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T 1 filed with Registration Statement No. 333-207042).

 

6.       The consent of the Trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-188382).

 

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

 

 

 

 

SIGNATURE

 

Pursuant to the requirements of the Act, the Trustee, The Bank of New York Mellon, 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 the 1st day of June, 2018.

 

  The Bank of New York Mellon
   
  By: /s/ Wanda Camacho
  Name: Wanda Camacho
  Title: Vice President

 

 

 

 

 

EXHIBIT 7

 

Consolidated Report of Condition of

 

THE BANK OF NEW YORK MELLON

 

of 225 Liberty Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System, at the close of business December 31, 2017, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

 

ASSETS Dollar amounts in thousands

 

Cash and balances due from depository institutions:     
Noninterest-bearing balances and currency and coin   4,671,000 
Interest-bearing balances   103,042,000 
Securities:     
Held-to-maturity securities   40,315,000 
Available-for-sale securities   75,943,000 
Federal funds sold and securities purchased under agreements to resell:     
Federal funds sold in domestic offices   0 
Securities purchased under agreements to resell   14,998,000 
Loans and lease financing receivables:     
Loans and leases held for sale   0 
Loans and leases held for investment   29,491,000 
LESS: Allowance for loan and lease losses   133,000 
Loans and leases held for investment, net of allowance   29,358,000 
Trading assets   3,358,000 
Premises and fixed assets (including capitalized leases)   1,388,000 
Other real estate owned   4,000 
Investments in unconsolidated subsidiaries and associated companies   585,000 
Direct and indirect investments in real estate ventures   0 
Intangible assets:     
Goodwill   6,390,000 
Other intangible assets   834,000 
Other assets   16,419,000 
Total assets   297,305,000 
LIABILITIES     
Deposits:     
In domestic offices   127,898,000 
Noninterest-bearing   77,656,000 
Interest-bearing   50,242,000 
In foreign offices, Edge and Agreement subsidiaries, and IBFs   121,992,000 
Noninterest-bearing   5,485,000 
Interest-bearing   116,507,000 
Federal funds purchased and securities sold under agreements to repurchase:     
Federal funds purchased in domestic offices   4,917,000 
Securities sold under agreements to repurchase   1,401,000 
Trading liabilities   2,775,000 
Other borrowed money:      
(includes mortgage indebtedness and obligations under capitalized leases)   4,542,000 
Not applicable     
Not applicable     
Subordinated notes and debentures   515,000 
Other liabilities   6,284,000 
Total liabilities   270,324,000 
      
EQUITY CAPITAL     
Perpetual preferred stock and related surplus   0 
Common stock   1,135,000 
Surplus (exclude all surplus related to preferred stock)   10,764,000 
Retained earnings   15,872,000 
Accumulated other comprehensive income   -1,140,000 
Other equity capital components   0 
Total bank equity capital   26,631,000 
Noncontrolling (minority) interests in consolidated subsidiaries   350,000 
Total equity capital   26,981,000 
Total liabilities and equity capital   297,305,000 

 

I, Michael Santomassimo, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.

 

  Michael Santomassimo
  Chief Financial Officer

  

We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We 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 and is true and correct.

 

Charles W. Scharf      
Samuel C. Scott     Directors
Joseph J. Echevarria