EX-99.(D)(6) 2 d185484dex99d6.htm EX-99.(D)(6) EX-99.(d)(6)

Exhibit (d)(6)

 

 

 

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)

Gregory P. Guim

U.S. Bank National Association

50 S. 16th Street, Suite 2000

Philadelphia, PA 19102

(215) 761-9315

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

 

 

FS KKR Capital Corp.

(Issuer with respect to the Securities)

 

 

 

Maryland   26-1630040
(State or other jurisdiction of
incorporation or organization)
  (I.R.S. Employer
Identification No.)

 

201 Rouse Boulevard, Philadelphia, PA   19112
(Address of Principal Executive Offices)   (Zip Code)

 

 

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 THE OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.

None

 

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.*

 

  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. 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 June 30, 2021 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 305(b)(2), Registration Number 333-229783

filed on June 21, 2021.

 

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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 Philadelphia, in the Commonwealth of Pennsylvania on the 4th of October, 2021.

 

By:  

/s/ Gregory P. Guim

  Gregory P. Guim
  Vice President

 

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Exhibit 2

LOGO

 

4


Exhibit 3

 

LOGO

 

5


Exhibit 6

CONSENT

In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, 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: October 4, 2021

 

By:  

/s/ Gregory P. Guim

  Gregory P. Guim
  Vice President

 

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Exhibit 7

U.S. Bank National Association

Statement of Financial Condition

As of 6/30/2021

($000’s)

 

     6/30/2021  

Assets

  

Cash and Balances Due From Depository Institutions

   $ 44,435,957  

Securities

     158,894,854  

Federal Funds

     2,376  

Loans & Lease Financing Receivables

     296,741,901  

Fixed Assets

     6,294,698  

Intangible Assets

     13,278,545  

Other Assets

     28,204,350  
  

 

 

 

Total Assets

   $ 547,852,681  

Liabilities

  

Deposits

   $ 442,902,823  

Fed Funds

     1,412,092  

Treasury Demand Notes

     0  

Trading Liabilities

     1,119,485  

Other Borrowed Money

     31,883,676  

Acceptances

     0  

Subordinated Notes and Debentures

     3,600,000  

Other Liabilities

     14,222,155  
  

 

 

 

Total Liabilities

   $ 495,140,231  

Equity

  

Common and Preferred Stock

     18,200  

Surplus

     14,266,915  

Undivided Profits

     37,622,248  

Minority Interest in Subsidiaries

     805,087  
  

 

 

 

Total Equity Capital

   $ 52,712,450  

Total Liabilities and Equity Capital

   $ 547,852,681  

 

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