EX-25.1 6 dex251.htm STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 Statement of Eligibility under the Trust Indenture Act of 1939

Exhibit 25.1

 


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)

WELLS FARGO BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

 

Not Applicable     94-1347393

(Jurisdiction of incorporation or

organization if not a U.S. national

bank)

   

(I.R.S. Employer

Identification No.)

420 Montgomery Street

San Francisco, CA

    94163
(Address of principal executive offices)     (Zip code)

Wells Fargo & Company

Law Department, Trust Section

MAC N9305-172

Sixth and Marquette, 17th Floor

Minneapolis, MN 55479

(agent for services)

 


Advanced Micro Devices, Inc.

(Exact name of obligor as specified in its charter)

 

Delaware     94-1692300

(State or other jurisdiction of

incorporation or organization)

   

(I.R.S. Employer

Identification No.)

One AMD Place

MS 68

Sunnyvale, CA

    94088
(Address of principal executive offices)     (Zip code)

 


5.75% CONVERTIBLE SENIOR NOTES DUE 2012

(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.

Comptroller of the Currency,

Treasury Department

Washington, D.C. 20230

Federal Deposit Insurance Corporation

Washington, D.C. 20429

Federal Reserve Bank of San Francisco

San Francisco, CA 94120

 

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

The trustee is authorized to exercise corporate trust powers.

Item 2. Affiliations with Obligor. If the obligor is an affiliate of the trustee, describe each such affiliation.

 

       None with respect to the trustee.

No responses are included for Items 3-14 of this Form T-1 because the obligor is not in default as provided under Item 13.

 

Item 15. Foreign Trustee.      Not applicable.
Item 16. List of Exhibits.     

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

Wells Fargo Bank incorporates by reference into this Form T-1 exhibits

attached hereto.

 

Exhibit 1.    A copy of the Articles of Association of the trustee now in effect. *
Exhibit 2.    A copy of the Comptroller of the Currency Certificate of Corporate Existence for Wells Fargo Bank, National Association, dated November 28, 2001. *
Exhibit 3.    A copy of the authorization of the trustee to exercise corporate trust powers. A copy of the Comptroller of the Currency Certificate of Corporate Existence (with Fiduciary Powers) for Wells Fargo Bank, National Association, dated November 28, 2001. *
Exhibit 4.    Copy of By-laws of the trustee as now in effect. *
Exhibit 5.    Not applicable.
Exhibit 6.    The consents of United States institutional trustees required by Section 321(b) of the Act.
Exhibit 7.    Attached is a copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority.


Exhibit 8.    Not applicable.
Exhibit 9.    Not applicable.

 

* Incorporated by reference to exhibit number 25 filed with registration statement number 333-87398.

 


SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Wells Fargo Bank, National Association, a national 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 this 7th day of November 2007.

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

/s/ Maddy Hall

Name:              Maddy Hall

Title:                Assistant Vice President


Exhibit 6

 

 

 

November 7, 2007

 

Securities and Exchange Commission

Washington, D.C. 20549

Gentlemen:

In accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, the undersigned hereby consents that reports of examination of the undersigned made by Federal, State, Territorial, or District authorities authorized to make such examination may be furnished by such authorities to the Securities and Exchange Commission upon its request thereof.

 

 

 

 

Very truly yours,

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

/s/ Maddy Hall

Maddy Hall

Assistant Vice President


Consolidated Report of Condition of

Wells Fargo Bank National Association

of 101 North Phillips Avenue, Sioux Falls, SD 57104

And Foreign and Domestic Subsidiaries,

at the close of business June 30, 2007, filed in accordance with 12 U.S.C. §161 for National Banks.

 

          Dollar
Amounts
In Millions

ASSETS

     

Cash and balances due from depository institutions:

     

Noninterest-bearing balances and currency and coin

      $ 13,030

Interest-bearing balances

        1,428

Securities:

     

Held-to-maturity securities

        0

Available-for-sale securities

        65,310

Federal funds sold and securities purchased under agreements to resell:

     

Federal funds sold in domestic offices

        6,864

Securities purchased under agreements to resell

        1,160

Loans and lease financing receivables:

     

Loans and leases held for sale

        21,153

Loans and leases, net of unearned income

   263,595   

LESS: Allowance for loan and lease losses

   2,526   

Loans and leases, net of unearned income and allowance

        261,069

Trading Assets

        4,809

Premises and fixed assets (including capitalized leases)

        4,197

Other real estate owned

        754

Investments in unconsolidated subsidiaries and associated companies

        402

Intangible assets

     

Goodwill

        9,231

Other intangible assets

        19,954

Other assets

        19,363
         

Total assets

      $ 428,724
         

LIABILITIES

     

Deposits:

      $ 263,665

In domestic offices

     

Noninterest-bearing

   70,876   

Interest-bearing

   192,789   

In foreign offices, Edge and Agreement subsidiaries, and IBFs

        48,659

Noninterest-bearing

   6   

Interest-bearing

   48,653   

Federal funds purchased and securities sold under agreements to repurchase:

     

Federal funds purchased in domestic offices

        10,136

Securities sold under agreements to repurchase

        6,375

 


     Dollar
Amounts
In Millions
 

Trading liabilities

     2,695  

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

     27,804  

Subordinated notes and debentures

     10,140  

Other liabilities

     20,533  
        

Total liabilities

   $ 390,007  

Minority interest in consolidated subsidiaries

     62  

EQUITY CAPITAL

  

Perpetual preferred stock and related surplus

     0  

Common stock

     520  

Surplus (exclude all surplus related to preferred stock)

     24,751  

Retained earnings

     13,469  

Accumulated other comprehensive income

     (85 )

Other equity capital components

     0  
        

Total equity capital

     38,655  
        

Total liabilities, minority interest, and equity capital

   $ 428,724  
        

I, Howard I. Atkins, EVP & CFO 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.

Howard I. Atkins

EVP & CFO

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.

 

Michael Loughlin      
John Stumpf   Directors    
Dave Hoyt