EX-25.2 18 k48247exv25w2.htm EX-25.2 exv25w2
EXHIBIT 25.2
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) __
 
THE BANK OF NEW YORK MELLON TRUST COMPANY,
NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)
     
    95-3571558
(Jurisdiction of incorporation   (I.R.S. Employer
if not a U.S. national bank)   Identification No.)
     
700 South Flower Street,    
Suite 500    
Los Angeles, CA   90017
(Address of principal executive offices)   (Zip code)
Rhea L. Murphy, Legal Department
The Bank of New York Mellon Trust Company, National Association
700 South Flower Street, Suite 500
Los Angeles, California 90017
(213) 630-6476
(Name, address and telephone number of agent for service)
 
DTE Energy Trust III
(Exact name of obligor as specified in its charter)
     
Delaware   35-6752043
(State or other jurisdiction   (I.R.S. Employer
of incorporation or organization)   Identification No.)
     
One Energy Plaza    
Detroit, Michigan   48226-1279
(Address of principal executive offices)   (Zip code)
 
Trust Preferred 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.
 
           Comptroller of the Currency, 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.
     Pursuant to General Instruction B of the Form T-1, no responses are included for Items 3-15 of this Form T-1 because the Obligor is not in default as provided under Item 13.
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 Bank of New York Mellon Trust Company, National Association. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-135006).
 
  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 with Registration Statement No. 333-135006).
 
  4.   A copy of the existing by-laws of the trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-135006).
 
  6.   The consent of the trustee required by Section 321(b) of the Act.
 
  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 Trust Indenture Act of 1939, as amended, the trustee, The Bank of New York Mellon Trust Company, National Association, 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 Chicago, and State of Illinois on the 21st day of August, 2009.
THE BANK OF NEW YORK MELLON TRUST COMPANY,
NATIONAL ASSOCIATION
         
     
  By:   R. Tarnas    
    Name:   R. Tarnas   
    Title:   Vice President   
 

 


 

EXHIBIT 6
The consent of the Trustee required by Section 321 (b) of the Act
August 21, 2009
Securities and Exchange Commission
Washington, D.C. 20549
Ladies and Gentlemen:
In connection with the qualification of an amended and restated trust agreement between DTE Energy Company, as sponsor, The Bank of New York (Delaware), as Delaware trustee, and The Bank of New York Mellon Trust Company, National Association, as property trustee, for DTE Energy Trust III, the undersigned, in accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, hereby consents that the reports of examinations of the undersigned, made by Federal, State, Territorial, or District authorities authorized to make such examinations, may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
 
         
  The Bank of New York Mellon Trust Company,
National Association    
 
 
     
  By:   R. Tarnas    
  Name:   R. Tarnas   
  Title:   Vice President   
 

 


 

EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION
of 700 South Flower Street, Suite 200, Los Angeles, CA 90017
     At the close of business June 30, 2009, published in accordance with Federal regulatory authority instructions.
         
    Dollar Amounts  
    in Thousands  
ASSETS
       
 
       
Cash and balances due from depository institutions:
       
Noninterest-bearing balances and currency and coin
    4,627  
Interest-bearing balances
    111,263  
Securities:
       
Held-to-maturity securities
    22  
Available-for-sale securities
    492,259  
Federal funds sold and securities purchased under agreements to resell:
       
Federal funds sold
    0  
Securities purchased under agreements to resell
    0  
Loans and lease financing receivables:
       
Loans and leases held for sale
    0  
Loans and leases, net of unearned income
    0  
LESS: Allowance for loan and lease losses
    0  
Loans and leases, net of unearned income and allowance
    0  
Trading assets
       
Premises and fixed assets (including capitalized leases)
    11,783  
Other real estate owned
    0  
Investments in unconsolidated subsidiaries and associated companies
    1  
Direct and indirect investments in real estate ventures
    0  
Intangible assets:
       
Goodwill
    876,153  
Other intangible assets
    258,262  
Other assets
    157,588  
 
     
Total assets
  $ 1,911,958  
 
     

 


 

         
    Dollar Amounts  
    in Thousands  
LIABILITIES
       
 
       
Deposits:
       
In domestic offices
     599  
Noninterest-bearing
    599  
Interest-bearing
    0  
Not applicable
       
Federal funds purchased and securities sold under agreements to repurchase:
       
Federal funds purchased
    0  
Securities sold under agreements to repurchase
    0  
Trading liabilities
    0  
Other borrowed money:
       
(includes mortgage indebtedness and obligations under capitalized leases)
    268,691  
Not applicable
       
Not applicable
       
Subordinated notes and debentures
    0  
Other liabilities
    195,831  
Total liabilities
    465,121  
Not Applicable
       
 
       
EQUITY CAPITAL
       
 
       
Perpetual preferred stock and related surplus
    0  
Common stock
    1,000  
Surplus (exclude all surplus related to preferred stock)
    1,121,520  
Not Applicable
       
Retained earnings
    321,726  
Accumulated other comprehensive income
    2,591  
Other equity capital components
    0  
Not Available
       
Total bank equity capital
    1,446,837  
Noncontrolling (minority) interests in consolidated subsidiaries
    0  
Total equity capital
    1,446,837  
 
     
Total liabilities, minority interest, and equity capital
    1,911,958  
 
     
     I, Karen Bayz, Vice President of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
     Karen Bayz      )      Managing Director
     We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date 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.
                 
     Troy Kilpatrick, MD
    )          
     Frank P. Sulzberger, MD
    )     Directors (Trustees)
     William D. Lindelof, VP
    )