EX-25.1 16 v30599orexv25w1.htm EXHIBIT 25.1 Exhibit 25.1
 

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) þ
 
THE BANK OF NEW YORK TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
     
Delaware   95-3571558
(State of incorporation   (I.R.S. employer
if not a U.S. national bank)   identification no.)
     
700 South Flower Street, Suite 500    
Los Angeles, California   90017
(Address of principal executive offices)   (Zip code)
Mildred Quinones-Holmes
Legal Department
The Bank of New York Trust Company, N.A.
One Wall Street, 29th Floor
New York, NY 10286
(212) 635-1889
(Name, address and telephone number of agent for service)
 
XTRA FINANCE CORPORATION
(Exact name of obligor as specified in its charter)
     
Delaware   [          ]
(State or other jurisdiction of   (I.R.S. employer
incorporation or organization)   identification no.)
     
1801 Park 270 Drive, Suite 400    
St. Louis, Missouri   63146
(Address of principal executive offices)   (Zip code)
and the Guarantor listed on the next page
 
5.150% Senior Notes due 2017
and related Guarantee
(Title of the indenture securities)
 
 
 

 

 

GUARANTOR
             
Exact Name of   State or Other        
Obligor as   Jurisdiction of   IRS Employer    
Specified in its   Incorporation or   Identification   Address of Principal Executive
Charter   Organization   Number   Offices
Berkshire Hathaway Inc.
  Delaware   47-0813844   1440 Kiewit Plaza, Omaha, Nebraska 68131

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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
Comptroller of the Currency – United States Department of the Treasury
  Washington, D.C. 20219
 
    
Federal Reserve Bank
  San Francisco, California 94105
 
    
Federal Deposit Insurance Corporation
  Washington, D.C. 20429
  (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 articles of association of The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 which is incorporated by reference).
 
  2.   A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948 which is incorporated by reference).
 
  3.   A copy of the authorization of the trustee to exercise corporate trust powers. (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-121948 which is incorporated by reference).
 
  4.   A copy of the existing by-laws of the trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121948 which is incorporated by reference).
 
  5.   Not applicable.
 
  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. 333-121948 which is incorporated by reference).
 
  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.
 
  8.   Not applicable.
 
  9.   Not applicable.

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SIGNATURE
     Pursuant to the requirements of the Act, the trustee, The Bank of New York Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of Chicago, and State of Illinois, on the 19th day of March, 2007.
         
  THE BANK OF NEW YORK TRUST COMPANY, N.A.    
 
  By:   /s/ Sharon K. McGrath    
    Sharon K. McGrath   
    Vice President   
 

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EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK TRUST COMPANY, N.A.
of 700 South Flower Street, Suite 200, Los Angeles, CA 90017
     At the close of business September 30, 2006, published in accordance with Federal regulatory authority instructions.
         
    Dollar Amounts  
    in Thousands  
ASSETS
        
 
        
Cash and balances due from depository institutions:
        
Noninterest-bearing balances and currency and coin
     3,188  
Interest-bearing balances
     0  
Securities:
        
Held-to-maturity securities
     56  
Available-for-sale securities
     64,467  
Federal funds sold and securities purchased under agreements to resell:
        
Federal funds sold
     49,000  
Securities purchased under agreements to resell
     128,000  
Loans and lease financing receivables:
        
Loans and leases held for sale
     0  
Loans and leases, net of unearned income
     0  
LESS: Allowance for loan and lease losses
     0  
Loans and leases, net of unearned income and allowance
     0  
Trading assets
     0  
Premises and fixed assets (including capitalized leases)
     3,808  
Other real estate owned
     0  
Investments in unconsolidated subsidiaries and associated companies
     0  
Not applicable
        
Intangible assets:
        
Goodwill
     267,486  
Other Intangible Assets
     15,230  
Other assets
     40,470  
 
      
Total assets
   $ 571,705  
 
      

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    Dollar Amounts  
    in Thousands  
LIABILITIES
        
 
        
Deposits:
        
In domestic offices
     2,039  
Noninterest-bearing
     2,039  
Interest-bearing
     0  
Not applicable
        
Federal funds purchased and securities sold under agreements to repurchase:
        
Federal funds purchased
     0  
Securities sold under agreements to repurchase
     0  
Trading liabilities
     0  
Other borrowed money:
        
(includes mortgage indebtedness and obligations under capitalized leases)
     58,000  
Not applicable
        
Not applicable
        
Subordinated notes and debentures
     0  
Other liabilities
     85,004  
Total liabilities
     145,043  
 
      
Minority interest in consolidated subsidiaries
     0  
 
EQUITY CAPITAL
        
 
        
Perpetual preferred stock and related surplus
     0  
Common stock
     1,000  
Surplus (exclude all surplus related to preferred stock)
     321,520  
Retained earnings
     104,139  
Accumulated other comprehensive income
     3  
Other equity capital components
     0  
Total equity capital
     426,662  
 
      
Total liabilities, minority interest, and equity capital (sum of items 21, 22, and 28)
     571,705  
 
      
     I, William J. Winkelmann, Vice President of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
William J. Winkelmann  )     Vice President
     We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
                     
 
  Michael K. Klugman, President     )          
 
  Michael F. McFadden, MD     )     Directors (Trustees)    
 
  Frank P. Sulzberger, Vice President     )          

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