EX-25.1 5 exh251.htm STATEMENT OF ELIGIBILITY OF TRUSTEE ON FORM T-1 FOR THE SENIOR INDENTURE WebFilings | EDGAR view
 

Exhibit 25.1
CONFORMED COPY
 
 
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)
 
HSBC Bank USA, National Association
(Exact name of trustee as specified in its charter)
 
 
N/A
 
20-1177241
 
(Jurisdiction of incorporation
or organization if not a U.S.
national bank)
 
(I.R.S. Employer
Identification No.)
 
 
 
 
 
1800 Tyson's Boulevard, Ste 50
 
 
 
McLean, VA
 
22102
 
(Address of principal executive offices)
 
(Zip Code)
 
Kevin T. O'Brien, SVP
HSBC Bank USA, National Association
452 Fifth Avenue
New York, New York 10018-2706
Tel: (212) 525-1311
(Name, address and telephone number of agent for service)
    
Terex Corporation
(Exact name of obligor as specified in its charter)
 
Delaware
 
34-1531521
 
(State or other jurisdiction of incorporation or organization)
 
(I.R.S. Employer
Identification No.)
 
 
 
 
 
200 Nyala Farm Road
 
 
 
Westport, Connecticut
 
06880
 
(Address of principal executive offices)
 
(Zip Code)
 
 
 
 
 
Senior Debt Securites
 
 
(Title of Indenture Securities)
 
 
 
                
 

 

 

General
 
 
Item 1.
General Information.
 
Furnish the following information as to the trustee:
 
(a)
Name and address of each examining or supervisory
authority to which it is subject.
 
Comptroller of the Currency, New York, NY.
 
Federal Deposit Insurance Corporation, Washington, D.C.
 
Board of Governors of the Federal Reserve System,
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 3-15.
Not Applicable
 
 

 

 

Item 16. List of Exhibits
 
Exhibit
 
T1A(i)
(1)
Copy of the Articles of Association of HSBC Bank USA, National Association.
 
 
 
T1A(ii)
(1)
Certificate of the Comptroller of the Currency dated July 1, 2004 as to the authority of HSBC Bank USA, National Association to commence business.
 
 
 
T1A(iii)
(2)
Certificate of Fiduciary Powers dated August 18, 2004 for HSBC Bank USA, National Association
 
 
 
T1A(iv)
(1)
Copy of the existing By-Laws of HSBC Bank USA, National Association.
 
 
 
T1A(v)
 
Not applicable.
 
 
 
T1A(vi)
(2)
Consent of HSBC Bank USA, National Association required by Section 321(b) of the Trust Indenture Act of 1939.
 
 
 
T1A(vii)
 
Copy of the latest report of condition of the trustee
(December 31, 2010), published pursuant to law or the requirement of its supervisory or examining authority.
 
 
 
T1A(viii)
 
Not applicable.
 
 
 
T1A(ix)
 
Not applicable.
 
 
(1)
Exhibits previously filed with the Securities and Exchange Commission with Registration No. 333-118523 and incorporated herein by reference thereto.
(2)
Exhibits previously filed with the Securities and Exchange Commission with Registration No. 333-125197 and incorporated herein by reference thereto.
 

 

 

 
 
 
 
 
 
SIGNATURE
 
 
Pursuant to the requirements of the Trust Indenture Act of 1939, the Trustee, HSBC Bank USA, 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 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 5th day of April, 2011.
 
 
 
 
 
HSBC BANK USA, NATIONAL
 
ASSOCIATION
 
 
 
 
By:
/s/ Ignazio Tamburello
 
Ignazio Tamburello
 
Vice President
 
 
 
            
            
 
 

 

 

Exhibit T1A (vii)
 
Board of Governors of the Federal Reserve System
OMB Number: 7100-0036
Federal Deposit Insurance Corporation
OMB Number 3064-0052
Office of the Comptroller of the Currency
OMB Number: 1557-0081
 
Federal Financial Institutions Examination Council
Expires March 31, 2011
 
 
Please refer to page i,
Table of Contents, for
the required disclosure
of estimated burden.
1
 
Consolidated Reports of Condition and Income for
A Bank With Domestic and Foreign Offices-FFIEC 031
 
Report at the close of business December 31, 2010
(20040630)
 
(RCRI 9999)
      
This report is required by law; 12 U.S.C. §324 (State member banks); 12 U.S.C. § 1817 (State nonmember banks); and 12 U.S.C. §161 (National banks).
 
This report form is to be filed by banks with branches and consolidated subsidiaries in U.S. territories and possessions, Edge or Agreement subsidiaries, foreign branches, consolidated foreign subsidiaries, or International Banking Facilities.
 
 
 
NOTE: The Reports of Condition and Income must be signed by an authorized officer and the Report of Condition must be attested to by not less than two directors (trustees) for State nonmember banks and three directors for State member and National Banks.
 
I,  John T. McGinnis, CFO
Name and Title of Officer Authorized to Sign Report
 
Of the named bank do hereby declare that these Reports of Condition and Income (including the supporting schedules) 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 believe.
 
The Reports of Condition and Income are to be prepared in accordance with Federal regulatory authority instructions.
 
We, the undersigned directors (trustees), attest to the correctness of this Report of Condition (including the supporting schedules) 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.
 
 
 
    
 
/s/ Irene Dorney
 
 
Director (Trustee)
 
 
 
/s/ John T. McGinnis
 
/s/ Niall Booker
Signature of Officer Authorized to Sign Report
 
Director (Trustee)
 
 
 
2/4/2011
 
/s/ Richard Jalkut
Date of Signature
 
Director (Trustee)
 
 
 
Submission of Reports
 
Each Bank must prepare its Reports of Condition and Income either:
 
a) in electronic form and then file the computer data file directly with the banking agencies' collection agent, Electronic Data System Corporation (EDS), by modem or computer diskette; or
 
b) in hard-copy (paper) form and arrange for another party to convert the paper report to automated for. That party (if other than EDS) must transmit the bank's computer data file to EDS.
 
 
 
For electronic filing assistance, contact EDS Call report Services, 2150 N. Prospect Ave., Milwaukee, WI 53202, telephone (800) 255-1571.
 
To fulfill the signature and attestation requirement for the Reports of Condition and Income for this report date, attach this signature page to the hard-copy f the completed report that the bank places in its files.
 
 
 
 
 
 
 
 
 
FDIC Certificate Number
5
7
8
9
0
 
 
 
(RCRI 9030)
 
 
 
http://WWW.BANKING.US.HSBC.COM
 
HSBC Bank USA, NATIONAL ASSOCIATION
Primary Internet Web Address of Bank (Home Page), if any (TEXT 4087)
(Example: www.examplebank.com) 
 
 
Legal Title of Bank (TEXT 9010)
 
 
 
McLean
 
 
 
City (TEXT 9130)
 
 
 
 
 
 
 
VA
22102
 
 
State Abbrev. (TEXT 9200)
ZIP Code (TEXT 9220)
 
 

 

 

Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency
 
REPORT OF CONDITION
 
 
Consolidated domestic subsidiaries
 
HSBC Bank USA, National Association
 of Buffalo
Name of Bank
City
 
 
in the state of New York, at the close of business December 31, 2010
 
 
 
 
 
 
 
ASSETS
 
 
 
 
Thousands of dollars
Cash and balances due from depository institutions:
 
 
a. Non-interest-bearing balances currency and coin
 
1,575.906
 
b. Interest-bearing balances
 
8,050,902
 
Held-to-maturity securities
 
3,150,805
 
Available-for-sale securities
 
45,253,445
 
Federal funds sold and securities purchased under agreements to resell:
 
 
a. Federal funds sold in domestic offices
 
 
b. Securities purchased under agreements to resell
 
8,236,283
 
Loans and lease financing receivables:
 
 
Loans and leases held for sale
 
2,389,629
 
Loans and leases net of unearned income
72,155,190
 
 
LESS: Allowance for loan and lease losses
2,168,893
 
 
Loans and lease, net of unearned income, allowance, and reserve
 
69,986,297
 
Trading assets
 
32,051,158
 
Premises and fixed assets
 
548,850
 
Other real estate owned
 
140,742
 
Investments in unconsolidated subsidiaries
 
22,929
 
Customers' liability to this bank on acceptances outstanding
 
18,114
 
Intangible assets: Goodwill
 
2,035,445
 
Intangible assets: Other intangible assets
 
423,616
 
Other assets
 
7,234,342
 
Total assets
 
181,118,463
 
 
 
 
LIABILITIES
 
 
 
 
 
Deposits:
 
 
In domestic offices
 
95,880,782
 
Non-interest-bearing
23,073,004
 
 
Interest-bearing
72,807,778
 
 
In foreign offices
 
32,724,538
 
Non-interest-bearing
1,263,415
 
 
Interest-bearing
31,461,123
 
 
 
 
 

 

 

Federal funds purchased and securities sold under agreements to repurchase:
 
 
a. Federal funds purchased in domestic offices
 
77,750
 
b. Securities sold under agreements to repurchase
 
7,317,249
 
 
 
 
Trading Liabilities
 
10,284,920
 
Other borrowed money
 
7,465,261
 
Bank's liability on acceptances
 
NA
 
Subordinated notes and debentures
 
6,127,859
 
Other liabilities
 
3,636,803
 
Total liabilities
 
163,515,162
 
Minority Interests in consolidated Subsidiaries
 
N/A
 
EQUITY CAPITAL
 
 
 
 
 
Perpetual preferred stock and related surplus
 
 
Common Stock
 
2,001
 
Surplus
 
15,845,975
 
Retained earnings
 
1,909,524
 
Accumulated other comprehensive income
 
154,569
 
Other equity capital components
 
 
Total equity capital
 
17,603,301
 
Total liabilities, minority interests and equity capital
 
181,118,463