EX-25 8 exh25-1.htm t1.model

Exhibit 25.1

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FORM T-1

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

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
(Exact name of trustee as specified in its charter)

New York
(State of incorporation if not a U.S. national bank)

13-5160382
(I.R.S. employer identification no.)

One Wall Street, New York, N.Y.
(Address of principal executive offices)

10286
(Zip code)

___________________________

VULCAN MATERIALS COMPANY
(Exact name of obligor as specified in its charter)

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

63-0366371
(I.R.S. employer identification no.)

1200 Urban Center Drive
Birmingham, Alabama
(Address of principal executive offices)

35242
(Zip code)

Senior Debt Securities
(Title of the indenture securities)

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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

 

Superintendent of Banks of the State of New York

2 Rector Street, New York, N.Y. 10006, and Albany, N.Y. 12203

 

Federal Reserve Bank of New York

33 Liberty Plaza, New York, N.Y. 10045

 

Federal Deposit Insurance Corporation

Washington, D.C. 20429

 

New York Clearing House Association

New York, New York 10005

 

(b)       Whether it is authorized to exercise corporate trust powers.

Yes.

2.

Affiliations with Obligor.

If the obligor is an affiliate of the trustee, describe each
such affiliation.

None.

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 Organization Certificate of The Bank of New York (formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672 and Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637.)

 

4.

A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 33-31019.)

 

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. 33-44051.)

 

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, 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 the 23rd day of August, 2001.

 

THE BANK OF NEW YORK


By: /s/THOMAS E. TABOR             
Name: THOMAS E. TABOR
Title: VICE PRESIDENT

Exhibit 7

Consolidated Report of Condition of

THE BANK OF NEW YORK

of One Wall Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System, at the close of business March 31, 2001, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

ASSETS


Dollar Amounts
In Thousands

Cash and balances due from depository institutions:

 

      Noninterest-bearing balances and currency and coin

$2,811,275

      Interest-bearing balances

3,133,222

Securities:

 

      Held-to-maturity securities

147,185

      Available-for-sale securities

5,403,923

Federal funds sold and Securities purchased under agreements to resell

3,378,526

Loans and lease financing receivables:

 

      Loans and leases held for sale

74,702

      Loans and leases, net of unearned income

37,471,621

      LESS: Allowance for loan and lease losses

599,061

      Loans and leases, net of unearned income and allowance

36,872,560

Trading Assets

11,757,036

Premises and fixed assets (including capitalized leases)

768,795

Other real estate owned

1,078

Investments in unconsolidated subsidiaries and associated companies

193,126

Customers' liability to this bank on acceptances outstanding

592,118

Intangible assets

 

      Goodwill

1,300,295

      Other intangible assets

122,143

Other assets

3,676,375

Total assets

$70,232,359

LIABILITIES

 

Deposits:

 

      In domestic offices

$25,962,242

      Noninterest-bearing

10,586,346

      Interest-bearing

15,395,896

      In foreign offices, Edge and Agreement subsidiaries, and IBFs

24,862,377

      Noninterest-bearing

373,085

      Interest-bearing

24,489,292

Federal funds purchased and securities sold under agreements to repurchase

1,446,874

Trading liabilities

2,373,361

Other borrowed money:
(includes mortgage indebtedness and obligations under capitalized leases)

1,381,512

Bank's liability on acceptances executed and outstanding

592,804

Subordinated notes and debentures

1,646,000

Other liabilities

5,373,065

Total liabilities

$63,658,235

EQUITY CAPITAL

 

Common stock

1,135,284

Surplus

1,008,773

Retained earnings

4,426,033

Accumulated other comprehensive income

4,034

Other equity capital components

               0

Total equity capital

6,574,124

Total liabilities and equity capital

$70,232,359