EX-25.1 15 dex251.htm FORM T-1 STATEMENT OF ELIGIBILITY OF DEUTSCHE BANK TRUST COMPANY Form T-1 Statement of Eligibility of Deutsche Bank Trust Company

Exhibit 25.1

 


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)

 


DEUTSCHE BANK TRUST COMPANY AMERICAS

(formerly BANKERS TRUST COMPANY)

(Exact name of trustee as specified in its charter)

 

NEW YORK   13-4941247

(Jurisdiction of Incorporation or

organization if not a U.S. national bank)

 

(I.R.S. Employer

Identification no.)

60 WALL STREET NEW YORK, NEW YORK   10005
(Address of principal executive offices)   (Zip Code)

Deutsche Bank Trust Company Americas

Attention: Lynne Malina

Legal Department

60 Wall Street, 37th Floor

New York, New York 10005

(212) 250 – 0677

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

 

The Bank of New York Company, Inc.  

BNY Capital VI

BNY Capital VII

BNY Capital VIII

BNY Capital IX

BNY Capital X

(Exact name of registrant as specified

in its charter)

 

(Exact name of each registrant as specified

in its certificate of trust)

New York   Delaware

(State or other jurisdiction of incorporation

or organization)

 

(State or other jurisdiction of incorporation

or organization of each registrant)

13-2614959  

13-7177235

13-7177236

13-7177237

13-

13-

(I.R.S. Employer Identification No.)   (I.R.S. Employer Identification No.)

One Wall Street

New York, New York 10286

(212) 495-1784

 

c/o The Bank of New York Company, Inc.

One Wall Street

New York, New York 10286

(212) 495-1784

(Address, including zip code, and

telephone number,

including area code, of registrant’s

principal executive offices)

 

(Address, including zip code, and

telephone number, including

area code, of each registrant’s

principal executive offices)

Debt Securities, Preferred Stock, Common Stock, Trust Preferred Securities and Guarantees with respect to 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.

 

Name

 

Address

Federal Reserve Bank (2nd District)

Federal Deposit Insurance Corporation

New York State Banking Department

 

New York, NY

Washington, D.C.

Albany, NY

 

 

(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 3. -15. Not Applicable

 

Item 16.

List of Exhibits.

 

Exhibit 1 -

  

Restated Organization Certificate of Bankers Trust Company dated August 6, 1998, Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated September 25,1998, Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated December 16, 1998, and Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated February 27, 2002, copies attached.

Exhibit 2 -

  

Certificate of Authority to commence business - Incorporated herein by reference to Exhibit 2 filed with Form T-1 Statement, Registration No. 33-21047.

Exhibit 3 -

  

Authorization of the Trustee to exercise corporate trust powers - Incorporated herein by reference to Exhibit 2 filed with Form T-1 Statement, Registration No. 33-21047.

Exhibit 4 -

  

Existing By-Laws of Bankers Trust Company, as amended on April 15, 2002. Copy attached.


Exhibit 5 -

  

Not applicable.

Exhibit 6 -

  

Consent of Bankers Trust Company required by Section 321(b) of the Act. - Incorporated herein by reference to Exhibit 4 filed with Form T-1 Statement, Registration No. 22-18864.

Exhibit 7 -

  

The latest report of condition of Deutsche Bank Trust Company Americas dated as of December 31, 2005. Copy attached.

Exhibit 8 -

  

Not Applicable.

Exhibit 9 -

  

Not Applicable.


SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Deutsche Bank Trust Company Americas, 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 this 2nd day of June, 2006.

 

DEUTSCHE BANK TRUST COMPANY AMERICAS

By Deutsche Bank National Trust Company

 

By:

 

/s/ David Contino

   

David Contino

   

Assistant Vice President


LOGO

Banking Department

I, MANUEL KURSKY, Deputy Superintendent of Banks of the State of New York, DO HEREBY APPROVE the annexed Certificate entitled “CERTIFICATE OF AMENDMENT OF THE ORGANIZATION CERTIFICATE OF BANKERS TRUST COMPANY Under Section 8005 of the Banking Law,” dated September 16,1998, providing for an increase in authorized capital stock from $3,001,666,670 consisting of 200,166,667 shares with a par value of $10 each designated as Common Stock and 1,000 shares with a par value of $1,000,000 each designated as Series Preferred Stock to $3,501,666,670 consisting of 200,166,667 shares with a par value of $10 each designated as Common Stock and 1,500 shares with a par value of $1,000,000 each designated as Series Preferred Stock.

Witness, my hand and official seal of the Banking Department at the City of New York, this 25th day of September in the Year of our Lord one thousand nine hundred and ninety-eight.

 

/s/ Manuel Kursky

Deputy Superintendent of Banks