EX-25.11 17 d556511dex2511.htm FORM T-1 STATEMENT OF ELIIGIBILITY - UNION BANK, N.A. FOR SUBORDINATED INDENTURE FORM T-1 STATEMENT OF ELIIGIBILITY - UNION BANK, N.A. FOR SUBORDINATED INDENTURE

Exhibit 25.11

 

 

 

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)

 

 

UNION BANK, N. A.

(Exact name of Trustee as specified in its charter)

 

 

94-0304228

I.R.S. Employer Identification No.

 

400 California Street

San Francisco, California

  94104
(Address of principal executive offices)   (Zip Code)

Sonia N. Flores

Union Bank, N.A.

350 California Street

Corporate Trust - 11th Floor

San Francisco, CA 94104

(415) 273-2518

(Name, address and telephone number of agent for service)

 

 

 

Mellon Funding Corporation

   The Bank of New York Mellon Corporation

(Exact name of obligor as specified in its charter)

 

 

 

Pennsylvania   Delaware

(State or other jurisdiction of

incorporation or organization)

 

(State or other jurisdiction of

incorporation or organization)

 

25-1387025   13-2614959

(I.R.S. employer

identification No.)

 

(I.R.S. employer

identification No.)

The Bank of New York Mellon Corporation

One Wall Street

New York, New York 10286

$100,000,000 Mellon Funding Corporation 5.0% Subordinated Notes due 2014

$300,000,000 Mellon Funding Corporation 5.0% Subordinated Notes due 2014

$250,000,000 Mellon Funding Corporation 5.5% Subordinated Notes due 2018

And Subordinated Notes of Mellon Funding Corporation Guaranteed by The Bank of New York Mellon Corporation

 

 

(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.

Trustee 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.

Not Applicable.

In answering this item, the trustee has relied, in part, upon information furnished by the obligor and the underwriters, and the trustee disclaims responsibility for the accuracy or completeness of such information. The trustee has also examined its own books and records for the purpose of answering this item.

 

Items 3-15 Items 3-15 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 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 now in effect.*

 

  2. A copy of the certificate of authority of the Trustee to commence business.*

 

  3. A copy of the certificate of authority of the Trustee to exercise corporate trust powers.*

 

  4. A copy of the existing By-Laws of the Trustee.*

 

  5. A copy of each Indenture referred to in Item 4. 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. A copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority. Attached as Exhibit 7.

* Exhibits 1 through 4 are incorporated herein by reference to Form T-1 as presented on Form S-4 Registration No. 333-103873 filed with the SEC.

 


NOTE

The answers to this statement insofar as such answers relate to what persons have been underwriters for any securities of the obligors within three years prior to the date of filing this statement, or what persons are owners of 10% or more of the voting securities of the obligors, or affiliates, are based upon information furnished to the Trustee by the obligors. While the Trustee has no reason to doubt the accuracy of any such information, it cannot accept any responsibility therefor.

SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, Union Bank, N. A., 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 San Francisco, State of California on the 21st day of June, 2013.

 

Union Bank, N.A.
By:   /s/ Sonia N. Flores
  Sonia N. Flores Vice President

 

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EXHIBIT 6

CONSENT OF THE TRUSTEE

REQUIRED BY SECTION 321(b) OF THE ACT

June 21, 2013

Securities and Exchange Commission

Washington, D.C. 20549

Ladies and Gentlemen:

In connection with the qualification of a Subordinated Indenture dated as of June 12, 2000 among Mellon Funding Corporation (the “Company”), Mellon Financial Corporation, as guarantor, and Union Bank, N.A. (formerly known as Union Bank of California, N.A., the “Trustee”), as successor trustee to Bank One Trust Company, N.A. and the First Supplemental Indenture dated as of April 30, 2001, the Second Supplemental Indenture dated as of March 5, 2004 and the Third Supplemental Indenture dated as of June 29, 2007 to such indenture, the undersigned, in accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, hereby consents that reports of examinations of the undersigned by federal, state, territorial, or district authorities authorized to make such examinations may be furnished by such authorities to the Securities and Exchange Commission upon request therefor.

Sincerely,

Union Bank, N.A.

 

By:   /s/ Sonia N. Flores
  Sonia N. Flores Vice President

 

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EXHIBIT 7

Page 1

Consolidated Report of Condition of

Union Bank, N.A

of San Francisco in the State of California, at the close of business March 31, 2013, published in response to call made by the Comptroller of the Currency, under Title 12, United States Code, Section 161. Charter 21541

BALANCE SHEET

 

     Dollar Amounts
In Thousands
 

ASSETS

  

Cash and balances due from depository institutions:

  

Non-interest-bearing balances and currency and coin

   $ 1,264,848   

Interest-bearing balances

     3,776,037   

Securities:

  

Held-to-maturity securities

     1,015,065   

Available-for-sale securities

     21,694,933   

Federal funds sold and securities purchased under agreements to resell:

  

Federal funds sold in domestic offices

     25,000   

Securities purchased under agreements to resell

     24,576   

Loans and lease financing receivables:

  

Loans and leases held for sale

     36,743   

Loans and leases, net of unearned income

     60,146,713   

LESS: Allowance for loan and lease losses

     624,292   

Loans and leases, net of unearned income and allowance

     59,522,421   

Trading assets

     1,119,372   

Premises and fixed assets

     706,560   

Other real estate owned

     87,045   

Investments in unconsolidated subsidiaries and associated companies

     638,852   

Direct and indirect investments in real estate ventures

     0   

Intangible assets:

  

Goodwill

     2,952,402   

Other intangible assets

     340,330   

Other assets

     3,135,984   
  

 

 

 

Total assets

   $ 96,340,168   
  

 

 

 

 

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Exhibit 7

Page 2

 

LIABILITIES

  

Deposits:

  

In domestic offices

   $ 74,366,071   

Noninterest-bearing

     24,698,648   

Interest-bearing

     49,667,423   

In foreign offices, Edge and Agreement subsidiaries, and IBFs

     521,306   

Noninterest-bearing

     0   

Interest-bearing

     521,306   

Federal funds purchased and securities sold under agreements to repurchase:

  

Federal funds purchased in domestic offices

     208,500   

Securities sold under agreements to repurchase

     40,187   

Trading liabilities

     742,067   

Other borrowed money

     5,700,753   

Subordinated notes and debentures

     726,188   

Other liabilities

     1,797,779   
  

 

 

 

Total liabilities

   $ 84,102,851   
  

 

 

 

EQUITY CAPITAL

  

Perpetual preferred stock and related surplus

     0   

Common stock

     604,577   

Surplus

     8,116,467   

Retained earnings

     3,804,728   

Accumulated other comprehensive income

     (558,566

Other equity capital components

     0   
  

 

 

 

Total equity capital

     11,967,206   

Noncontrolling (minority) interests in consolidated subsidiaries

     270,111   

Total equity capital

   $ 12,237,317   
  

 

 

 

Total liabilities, minority interest, and equity capital

   $ 96,340,168   
  

 

 

 

 

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