EX-25.2 9 ex25-2.htm FORM T-1 CSX CAPITAL TRUST I Form T-1 CSX Capital Trust I
Exhibit 25.2
 


 
FORM T-l
 
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
(Exact name of trustee as specified in its charter)
     
New York
 
13-5160382
(State of incorporation
 
(I.R.S. employer
if not a U.S. national bank)
 
identification no.)
     
One Wall Street, New York, N.Y.
 
10286
(Address of principal executive offices)
 
(Zip code)
     
     
CSX Capital Trust I
(Exact name of trustee as specified in its charter)
Delaware
 
54-2039106
(State of incorporation
 
(I.R.S. employer
if not a U.S. national bank)
 
identification no.)
     
500 Water Street, 15th Floor
 
32202
Jacksonville, FL
 
(Zip code)
(Address of principal executive offices)
 
     
     
Trust Preferred Securities of CSX Capital Trust I
(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
 
Superintendent of Banks of the State of
One State Street, New York, N.Y.
 
New York
10004-1417, and Albany, N.Y.
   
12223
     
 
Federal Reserve Bank of New York
33 Liberty Street, New York, N.Y.
    10045  
     
 
Federal Deposit Insurance Corporation
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.   Affiliates with Obligor.
 
  If the obligor is an affiliate of the trustee, describe each such affiliation.
 
 .   None.
 
 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 (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-l filed with Registration Statement No. 33-6215, Exhibits la and 1b to Form T-l filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-l filed with Registration Statement No. 33-29637 and Exhibit 1 to Form T-l filed with Registration Statement No. 333-121195.)
 
  4.     A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-l filed with Registration Statement No. 333-121195.)
 
 
 
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  6.     The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-l filed with Registration Statement No. 333-106702.)
 
  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.
 
 
 
- 3 -


 

SIGNATURE
 
Pursuant to the requirements of the Act, the Trustee, The Bank of New York, 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 7th day of February 2007.
 
 
 
 
THE BANK OF NEW YORK
 
 
By
/s/ Michael A. Smith
   
/s/ Michael A. Smith
   
Vice President

 
 
- 4 -

 
 
 
EXHIBIT 7
 
 

Consolidated Report of Condition of
 
THE BANK OF NEW YORK

of One Wall Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System, at the close of business September 30, 2006, 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
 
2,478,000
    Interest-bearing balances
15,693,000
Securities:
 
    Held-to-maturity securities
1,856,000
    Available-for-sale securities
17,740,000
Federal funds sold and securities purchased
    under agreements to resell
 
    Federal funds sold in domestic offices
N/A
    Securities purchased under agreements to
        resell
 
N/A
Loans and lease financing receivables:
 
    Loans and leases held for sale
0
    Loans and leases, net of unearned
        income
 
N/A
    LESS: Allowance for loan and
        lease losses
 
407,000
    Loans and leases, net of unearned
        income and allowance
 
N/A
Trading assets
3,011,000
Premises and fixed assets (including
    capitalized leases)
 
896,000
Other real estate owned
0
Investments in unconsolidated subsidiaries
    and associated companies
 
308,000
Not applicable
 
Intangible assets:
 
    Goodwill
2,188,000
    Other intangible assets
N/A
Other assets
7,975,000
Total assets  91,155,000
 
 
 

 
 
 
 
LIABILITIES
Deposits:
 
    In domestic offices
34,430,000
    Noninterest-bearing
16,230,000
    Interest-bearing
18,200,000
    In foreign offices, Edge and Agreement
        subsidiaries, and IBF's
 
34,321,000
    Noninterest-bearing
399,000
    Interest-bearing
33,922,000
Federal funds purchased and securities sold
    under agreements to repurchase
 
    Federal funds purchased in domestic
        offices
 
N/A
    Securities sold under agreements to
        repurchase
 
N/A
Trading liabilities
2,224,000
Other borrowed money:
 
    (includes mortgage indebtedness and
    obligations under capitalized leases)
 
N/A
Not applicable
 
Not applicable
 
Subordinated notes and debentures
1,955,000
Other liabilities
6,374,000
Total liabilities
82,119,000
 
Minority interest in consolidated
    subsidiaries
 
 
1,151,000
 
EQUITY CAPITAL
 
Perpetual preferred stock and related
    surplus
 
Common stock
1,135,000
Surplus (exclude all surplus related to
    preferred stock)
 
2,115,000
Retained earnings
5,696,000
Accumulated other comprehensive income
N/A
Other equity capital components
N/A
Total equity capital
8,885,000
Total liabilities, minority interest, and equity
    capital
 
91,155,000
 
 
 

 
 
 
I, Thomas P. Gibbons, 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.
 
 
Thomas P. Gibbons,
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.
 
 
Thomas A. Renyi
 
  
 
 
Gerald L. Hassell
Directors
Catherine A. Rein