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Form T-2 Statement Of Eligibility Under The Trust Indenture Act-An Individual Designated To Act As Trustee (SEC1849) T-2 - Official Federal Forms
| Form T-2 Statement Of Eligibility Under The Trust Indenture Act-An Individual Designated To Act As Trustee (SEC1849) Form. This is a national form and can be used in Securities And Exchange Commission . |
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB APPROVAL OMB Number: 3235-0111 Expires: December 31, 2015 Estimated average burden hours per response. . . . . . . . .9.0 FORM T-2 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF AN INDIVIDUAL DESIGNATED TO ACT AS TRUSTEE SPECIAL INSTRUCTIONS FOR COMPLETING FORM T-2 SPECIAL INSTRUCTIONS FOR COMPLETING FORM T-2 Under Sections 304, 305, 307, 308, 309, 310, and 319 of the Trust Indenture Act of 1939, the Commission is authorized to solicit the information required to be supplied by this form for statements of eligibility of individuals designated to act as trustees. Disclosure of the information specified in this form is mandatory prior to processing statements of eligibility. The information will be used for the primary purpose of determining eligibility of trustees. This statement will be made a matter o f public record. Therefore, any information given will be available for inspection by any member of the public. Because of the public nature of the information, the Commission can utilize it for a variety of purposes, including referral to other governmental authorities or securities self-regulatory organizations for investigatory purposes or in connection with litigation involving the Federal securities laws or other civil, criminal or regulatory statutes or provisions. Failure to disclose the information requested by this form may result in enforcement action by the Commission to compel compliance with the Federal securities laws. GENERAL INSTRUCTIONS A. Rule as to Use of Form T-2. Form T-2 shall be used for statements of eligibility of individuals designated to act as trustees under trust indentures to be qualified pursuant to Sections 305 or 307 of the Trust Indenture Act of 1939. Form T-2 shall be used for applications to determine the eligibility of an individual trustee pursuant to Section 305(b)(2) of the Act. B. Obligations Deemed To Be in Default. Item 9 requires disclosure of defaults by the obligor on securities issued under indentures under which the applicant is trustee. If the obligor is not in default, the applicant is required to provide responses to Items I and II of Form T-2. If the obligor is in default, the applicant must respond to all of the Items in the Form T-2. An obligation shall be deemed to be in default upon the occurrence of acts or conditions as defined in the indenture, but exclusive of any period of grace or requirement of notice. C. Application of General Rules and Regulations. The General Rules and Regulations under the Trust Indenture Act of 1939 are applicable to statements of eligibility on this form. Attention is particularly directed to Rules 0-1 and 0-2 as to the meaning of terms used in the rules and regulations. Att ention is also directed to Rule 5a-3 regarding the filing of statements of eligibility and to Rule 7a-16 regarding the inclusion of it ems, the differentiation between items and answers, and the omission of instructions. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. SEC 1849 (1-07) 1 American LegalNet, Inc. www.FormsWorkFlow.com D. Scope of Items and Instructions. The items and instructions require information only as to the trustee, unless the context clearly shows otherwise. E. Calculation of Percentages of Securities. The percentages of securities required by this form are to be calculated in accordance with the provisions of Rule 10b-1. F. Items Relating to Underwriters. Wherever any item of the form requires information with respect to an underwriter for the obligor the information is to be given as to every person who, within one year prior to the date of filing the statement of eligibility and qualification, acted as an underwriter of any security of the obligor outstanding on the date of filing the statement and as to every proposed principal underwriter of the securities proposed to be offered. The term "principal underwriter" means an underwriter in privity of contract with the issuer of the securities as to which he is an underwriter. G. Coordination with Delayed Offering Registration Statement When the Form T-2 is used for applications to determine the eligibility of a trustee pursuant to Section 305(b)(2), the following provisions shall apply: 1. 2. The file number under the Securities Act of 1933 for the delayed offering registration statement to which the application applies shall be placed in the upper right hand corner of the cover page of the Form T-2. The description of the indenture securities included under "Title of Securities" should specify whether the application relates to a single tranche or to all of the securities registered pursuant to the delayed offering registration statement. 2 American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB APPROVAL OMB Number: 3235-0111 Expires: December 31, 2015 Estimated average burden hours per response. . . . . . .....9.0 FORM T-2 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF AN INDIVIDUAL DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2) [ ] (Name of trustee) (Business address: street, city, state and zip code) (Exact name of obligor as specified in its charter) (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification No.) (Address of principal executive offices) (Zip code) (Title of indenture securities) Item 1. Affiliations with obligor. If the obligor is an affiliate of the trustee, describe each such affiliation. Instructions: 1. The term "affiliate" is defined in Rule 0-2 of the General Rules and Regulations under the Act. It should be noted that a corporation or other business entity may be an affiliate of an individual within the meaning of the definition. Attention is also directed to Rule 7a-26. Include the name of each such affiliate and the names of all intermediary affiliates, if any. Indicate the respective percentage of voting securities or other bases of control giving rise to the affiliation. 2. Item 2. Trusteeships under other indentures. If the trustee is trustee under another indenture under which any other securities, or certificates of interest or participatio n in any other securities, of the obligor are outstanding, file a copy of e
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