EX-25 8 g73855ex25.txt FORM T-1 STATEMENT OF ELIGIBILITY EXHIBIT 25 =============================================================================== 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)___ ------------------------------------------------------- U.S. BANK NATIONAL ASSOCIATION (Exact name of Trustee as specified in its charter) 31-0841368 I.R.S. Employer Identification No. 180 EAST FIFTH STREET ST. PAUL, MN 55101 (Address of principal executive offices) (Zip Code) Julie Eddington U.S. Bank National Association 180 East Fifth Street St. Paul, MN 55101 (Name, address and telephone number of agent for service) INGLES MARKETS, INCORPORATED (Exact name of Registrant as specified in its charter) NORTH CAROLINA 56-0846267 (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization) P.O. Box 6676 Asheville, North Carolina 28816 (Address of Principal Executive Offices) (Zip Code) 8 7/8% SENIOR SUBORDINATED NOTES DUE 2011 (TITLE OF THE INDENTURE SECURITIES) =============================================================================== FORM T-1 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. 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 ITEMS 3-15 Items 3-15 are not applicable because to the best of the Trustee's knowledge the obligor is not in default under any Indenture for which the Trustee acts as Trustee. ITEM 16. LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification. 1. A copy of the Articles of Association of the Trustee.* 2. A copy of the certificate of authority of the Trustee to commence business.* 3. A copy of the certificate of authority of the Trustee to exercise corporate trust powers.* 4. A copy of the existing bylaws of the Trustee.* 5. A copy of each Indenture referred to in Item 4. Not applicable. 6. The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6. 7. Report of Condition of the Trustee as of September 30, 2001, published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7. * Incorporated by reference to Registration Number 333-67188. 2 NOTE The answers to this statement insofar as such answers relate to what persons have been underwriters for any securities of the obligors within three years prior to the date of filing this statement, or what persons are owners of 10% or more of the voting securities of the obligors, or affiliates, are based upon information furnished to the Trustee by the obligors. While the Trustee has no reason to doubt the accuracy of any such information, it cannot accept any responsibility therefor. SIGNATURE Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. 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 and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of St. Paul, State of Minnesota on the 18th day of January, 2002. U.S. BANK NATIONAL ASSOCIATION By: /s/ Julie Eddington ---------------------------- Julie Eddington Assistant Vice President By: /s/ Lori-Anne Rosenberg ----------------------------------- Lori-Anne Rosenberg Assistant Vice President 3 EXHIBIT 6 CONSENT In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor. Dated: January 18, 2002 U.S. BANK NATIONAL ASSOCIATION By: /s/ Julie Eddington ---------------------------- Julie Eddington Assistant Vice President By: /s/ Lori-Anne Rosenberg ----------------------------------- Lori-Anne Rosenberg Assistant Vice President 4 EXHIBIT 7 U.S. BANK NATIONAL ASSOCIATION STATEMENT OF FINANCIAL CONDITION AS OF 9/30/2001 ($000'S)
9/30/2001 -------------- ASSETS Cash and Due From Depository Institutions $ 7,424,578 Federal Reserve Stock 0 Securities 25,107,852 Federal Funds 1,509,608 Loans & Lease Financing Receivables 108,011,203 Fixed Assets 1,455,348 Intangible Assets 7,830,028 Other Assets 6,597,674 -------------- TOTAL ASSETS $ 157,936,291 LIABILITIES Deposits $ 101,929,065 Fed Funds 3,823,703 Treasury Demand Notes 0 Trading Liabilities 168,430 Other Borrowed Money 24,037,743 Acceptances 184,931 Subordinated Notes and Debentures 5,477,870 Other Liabilities 3,711,905 TOTAL LIABILITIES $ 139,333,647 EQUITY Minority Interest in Subsidiaries $ 943,906 Common and Preferred Stock 310,004 Surplus 11,775,689 Undivided Profits 5,573,045 TOTAL EQUITY CAPITAL $ 18,602,644 TOTAL LIABILITIES AND EQUITY CAPITAL $ 157,936,291
To the best of the undersigned's determination, as of this date the above financial information is true and correct. U.S. Bank National Association By: /s/ Julie Eddington ------------------------------ Assistant Vice President Date: January 18, 2002 5