305B2 1 tm216358-3_305b2.htm 305B2

 

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)   x

 

 

 

The Bank of New York Mellon Trust Company, N.A.
(Exact name of trustee as specified in its charter)

  

 

 

N/A
(State of incorporation
if not a U.S. national bank)
95-3571558
(I.R.S. employer
identification no.)
   

400 South Hope Street, Suite 500

Los Angeles, California

(Address of principal executive offices)


90071
(Zip code)


 

Legal Department
        The Bank of New York Mellon Trust Company, N.A.
240 Greenwich Street
New York, NY  10286
(212) 635-1270

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

 

Babcock & Wilcox Enterprises, Inc.

(Exact name of obligor as specified in its charter)  

 

 

 

Delaware
 (State or other jurisdiction of
incorporation or organization)

47-2783641

(I.R.S. employer
identification no.)

   

1200 East Market Street

Akron, Ohio
(Address of principal executive offices)

 

 44305

(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

Comptroller of the Currency – United States Department of the Treasury

Washington, D.C. 20219
   
Federal Reserve Bank San Francisco, California 94105
   
Federal Deposit Insurance Corporation Washington, D.C. 20429

 

(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 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 articles of association of the trustee. (Exhibit 1 to Form T-1 filed pursuant to Section 305(b)(2) of the Act in connection with Registration Statement No. 333-135006-10)
2.A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948).
3.A copy of the authorization of the trustee to exercise corporate trust powers. (Exhibit 3 to Form T-1 filed pursuant to Section 305(b)(2) of the Act in connection with Registration Statement No. 333-135006-10).
4.A copy of the existing by-laws of the trustee. (Exhibit 4 to Form T-1 filed pursuant to Section 305(b)(2) of the Act in connection with Registration Statement No. 333-135006-10).
5.Not applicable.
6.The consent of the trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed pursuant to Section 305(b)(2) of the Act in connection with Registration Statement No. 333-135006-10).
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.
8.Not applicable.
9.Not applicable.

 

 

 

 

SIGNATURE

 

Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Los Angeles, and State of California, on the 12th day of February, 2021.

 

         

THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.

 

   
By:  

/s/ Mark A. Golder

    Name: Mark A. Golder  
    Title: Vice President