EX-25.2 9 ex252.htm EX-25.2 Exhibit


Exhibit 25.2
 
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)
__________________________

U.S. BANK NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
__________________________

31-0841368
I.R.S. Employer Identification No.

800 Nicollet Mall
Minneapolis, Minnesota
55402
(Address of principal executive offices)
(Zip Code)
__________________________
George Hogan
U.S. Bank National Association
Two Midtown Plaza
1349 West Peachtree Street N.W., Suite 1050
Atlanta, Georgia 30309
(404) 898-8832
(Name, address and telephone number of agent for service)
__________________________
MOHAWK INDUSTRIES, INC.
MOHAWK CAPITAL LUXEMBOURG S.A.
(Exact name of obligor as specified in its charter)
__________________________

Delaware
Luxembourg
52-1604305
Not applicable
(State or other jurisdiction of incorporation or organization)
(I.R.S. Employer Identification No.)
 
 






Mohawk Industries, Inc.
 P.O. Box 12069
160 S. Industrial Blvd.
Calhoun, Georgia 30701
Mohawk Capital Luxembourg S.A.
10B, rue des Mérovingiens
L-8070 Bertrange
Grand Duchy of Luxembourg
R.C.S. Luxembourg B198.756

(Address of Principal Executive Offices including zip code)
(Address of Principal Executive Offices including zip code)
    
Senior Debt Securities
(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 3-14.
Items 3-14 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 15.
Item 15 is not applicable because the Trustee is not a foreign 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, attached as Exhibit 2.

3.
A copy of the certificate of authority of the Trustee to exercise corporate trust powers, attached as Exhibit 3.

4.
A copy of the existing bylaws of the Trustee.**
 
5.
A copy of each Indenture referred to in Item 4, if the obligor is in default. 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 March 31, 2017 published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.
            
*
Incorporated by reference to Exhibit 25.1 to Amendment No. 2 to registration statement on S-4, Registration Number 333-128217 filed on November 15, 2005.
**
Incorporated by reference to Exhibit 25.1 to registration statement on S-3ASR, Registration Number 333-199863 filed on November 5, 2014.





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 Atlanta, Georgia on the 4th day of August, 2017.


By:    /s/ GEORGE HOGAN                
George Hogan
Vice President









Exhibit 2
ex252exhibit2.jpg








Exhibit 3

ex252exhibit3.jpg






Exhibit 6

CONSENT

In accordance with Section 321(b) of the Trust Indenture Act of 1939, 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: August 4, 2017                U.S. BANK NATIONAL ASSOCIATION


By:    /s/ GEORGE HOGAN                    
George Hogan
Vice President







Exhibit 7

U.S. Bank National Association
Statement of Financial Condition
As of 3/31/2017
($000’s)

 
3/31/2017
Assets
 
 
Cash and Balances Due From Depositary Institutions
$
20,286,216
 
Securities
109,425,081
 
Federal Funds
6,277
 
Loans & Lease Financing Receivables
271,757,654
 
Fixed Assets
4,607,606
 
Intangible Assets
12,967,640
 
Other Assets
23,934,632
 
Total Assets
$
442,985,106
 
Liabilities
 
 
Deposits
$
346,548,026
 
Fed Funds
1,082,176
 
Treasury Demand Notes
0
 
Trading Liabilities
1,077,223
 
Other Borrowed Money
30,907,144
 
Acceptances
0
 
Subordinated Notes and Debentures
3,800,000
 
Other Liabilities
12,674,854
 
Total Liabilities
$
396,089,423
 
Equity
 
 
Common and Preferred Stock
$
18,200
 
Surplus
14,266,915
 
Undivided Profits
31,804,360
 
Minority Interest in Subsidiaries
806,208
 
Total Equity Capital
$
46,895,683
 
Total Liabilities and Equity Capital
$
442,985,106