EX-25 5 file5.htm FORM T-1 STATEMENT OF ELIGIBILITY

 
 

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 TRUST COMPANY, N.A.

(Exact name of trustee as specified in its charter)

 

(Jurisdiction of incorporation
if not a U.S. national bank)

 

95-3571558
(I.R.S. Employer
Identification No.)

700 South Flower Street, Suite 500
Los Angeles, CA
(Address of principal executive offices)

 

90017
(Zip code)

Robert Sussman

Legal Department

The Bank of New York Trust Company, N.A.

One Wall Street, 29th Floor

New York, NY 10286

(212) 635-1889

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

 

PUBLIC SERVICE COMPANY OF NEW MEXICO

(Exact name of obligor as specified in its charter)

 

New Mexico
(State or other jurisdiction
of incorporation or organization)

 

85-0019030
(I.R.S. Employer
Identification No.)

Alvarado Square
Albuquerque, New Mexico
(Address of principal executive offices)

 

87158
(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.

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.

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 Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948).

 

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. 333-121948).

 

4.

A copy of the existing by-laws of the trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121948).

 

6.

The consent of the trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-121948).

 

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 Act, the trustee, The Bank of New York 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 31st day of March, 2008.

 

 

 

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

 

By: 


/s/ Raymond Torres

 

 

Name: 

Raymond Torres

 

 

Title:

Assistant Vice President

 

 



EXHIBIT 7

Consolidated Report of Condition of

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

of 700 South Flower Street, Suite 200, Los Angeles, CA 90017

At the close of business December 31, 2007, 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

 

 

14,687

 

Interest-bearing balances

 

 

0

 

Securities:

 

 

 

 

Held-to-maturity securities

 

 

43

 

Available-for-sale securities

 

 

216,332

 

Federal funds sold and securities purchased under agreements to resell:

 

 

 

 

Federal funds sold

 

 

23,800

 

Securities purchased under agreements to resell

 

 

89,400

 

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

 

 

0

 

Premises and fixed assets (including capitalized leases)

 

 

12,676

 

Other real estate owned

 

 

0

 

Investments in unconsolidated subsidiaries and associated companies

 

 

0

 

Not applicable

 

 

 

 

Intangible assets:

 

 

 

 

Goodwill

 

 

871,685

 

Other Intangible Assets

 

 

300,982

 

Other assets

 

 

152,943

 

Total assets

 

$

1,682,548

 

 

 



 

LIABILITIES

 

 

 

 

 

 

 

 

 

Deposits:

 

 

 

 

In domestic offices

 

 

1,628

 

Noninterest-bearing

 

 

1,628

 

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)

 

 

193,691

 

Not applicable

 

 

 

 

Not applicable

 

 

 

 

Subordinated notes and debentures

 

 

0

 

Other liabilities

 

 

161,803

 

Total liabilities

 

 

357,122

 

Minority interest in consolidated subsidiaries

 

 

0

 

 

 

 

 

 

EQUITY CAPITAL

 

 

 

 

 

 

 

 

 

Perpetual preferred stock and related surplus

 

 

0

 

Common stock

 

 

1,000

 

Surplus (exclude all surplus related to preferred stock)

 

 

1,121,520

 

Retained earnings

 

 

202,154

 

Accumulated other comprehensive income

 

 

752

 

Other equity capital components

 

 

0

 

Total equity capital

 

 

1,325,426

 

Total liabilities, minority interest, and equity capital (sum of items 21, 22, and 28)

 

 

1,682,548

 

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

)

Vice President

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.

 

 

Michael K. Klugman, President

)

 

 

Frank P. Sulzberger, Vice President

)

Directors (Trustees)

 

William D. Lindelof, Vice President

)