Official Federal Forms > Securities And Exchange Commission
Form T-6 Application-For Determination Of Elegibility Of A Foreign Person To Act As Institutional Trustee (SEC2275) T-6 - Official Federal Forms
| Form T-6 Application-For Determination Of Elegibility Of A Foreign Person To Act As Institutional Trustee (SEC2275) Form. This is a national form and can be used in Securities And Exchange Commission . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
UNITED STATE SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB APPROVAL OMB Number: 3235-0391 Expires: December 31, 2015 Estimated average burden hours per response. . . . . ...... ...17 FORM T-6 APPLICATION UNDER SECTION 310(a)(1) OF THE TRUST INDENTURE ACT OF 1939 FOR DETERMINATION OF ELIGIBILITY OF A FOREIGN PERSON TO ACT AS INSTITUTIONAL TRUSTEE GENERAL INSTRUCTIONS A. Rule as to the Use of Form T-6. 1. Items 1, 15, and 16 of Form T-6 shall be used by corporations or other persons organized and doing business under the laws of a foreign government to make application to act as a sole trustee under trust indentures to be qualified pursuant to Section 310(a)(1) of the Trust Indenture Act of 1939 ("Act"). 2. Subject to the provisions of General Instruction C, Items 1 through 16 of Form T-6 shall be used for statements of eligibility under Section 310(a) of the Act of corporations or other persons organized and doing business under the laws of a foreign government that are seeking an order authorizing their eligibility under Section 310(a)(1) to act as a sole trustee under trust indentures to be qualified under the Act; and at the same time are seeking to establish their eligibility to act as trustee under a particular indenture being qualified pursuant to Section 305 or 307 of this Act. Form T-1, rather than Form T-6, shall be used for statements of eligibility of foreign trustees under trust indentures to be qualified pursuant to Section 305 or 307, where a prior order has been issued pursuant to Section 310(a)(1) or 304(d). B. Timing of Orders in Response to Applications on Form T-6. 1. Orders in response to Forms T-6 filed pursuant to Instruction A.1. above will be issued at such time as the Commission shall determine. 2. Orders in response to Forms T-6 filed pursuant to Instruction A.2. above will be issued at the time the registration statemen t and indenture to which it relates are declared effective and qualified. C. Obligations Deemed to be in Default. Item 13 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 1, 2, 15, and 16 of Form T-6. If the obligor is in default, the applicant must respond to all of the Items in the Form T-6. 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. D. 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 . Attention is also directed to Rule 10a-3 regarding the filing of statements of eligibility and to Rule 7a-16 regarding the inclusion of items, the differentiation between items and answers, and the omission of instructions. E. Scope of Items and Instructions. The items and instructions require information only as to the trustee, unless the context clearly shows otherwise. F. 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. Potential persons who are to 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. American LegalNet, Inc. www.FormsWorkFlow.com SEC 2275 (01-07) G. 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, 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. 2 American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB APPROVAL OMB Number: 3235-0391 Expires: December 31, 2015 Estimated average burden hours per response. . . ..............17 FORM T-6 APPLICATION UNDER SECTION 310(a)(1) OF THE TRUST INDENTURE ACT OF 1939 FOR DETERMINATION OF ELIGIBILITY OF A FOREIGN PERSON TO ACT AS INSTITUTIONAL TRUSTEE (Exact name of trustee as specified in its charter) (Jurisdiction of incorporation or organization) (Address and telephone number of principal executive offices) (Name, address and telephone number of agent for service) (Exact name of obligor as specified in its charter) (State or other jurisdiction of incorporation or organization) (Address of principal executive offices) (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. (b) Whether it is authorized to exercise corporate trust powers. Item 2. 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. Attention is also directed to Rule 7a-26. 2. 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. Item 3. Voting securities of the trustee. Furnish the following information as to each class of voting securities of the trustee: As o f _______________________ (Insert date within 31 days). Col. A. Title of Class Col. B. Amount Outstanding (I.R.S. Employer Identification No.) (Zip code) 3 American LegalNet, Inc. www.FormsWorkFlow.com Instruction. The term "voting security" is defined in Section 303(16) of the Act. Item 4. Trusteeships under other indentures. If the trustee is a trustee under another indenture under which any other securities, or certificates of interest or participation in any other securities, of the obligor are outstanding, furnish the following information: (a) Title of the securities outstanding under e
|
|||||||
