EX-25.1 6 d412444dex251.htm EX-25.1 EX-25.1

Exhibit 25.1

 

 

 

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)

 

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

 

 

 

A National Banking Association   94-1347393

(Jurisdiction of incorporation or

organization if not a U.S. national bank)

 

(I.R.S. Employer

Identification No.)

 

101 North Phillips Avenue

Sioux Falls, South Dakota

  57104
(Address of principal executive offices)   (Zip code)

Wells Fargo & Company

Law Department, Trust Section

MAC N9305-175

Sixth Street and Marquette Avenue, 17th Floor

Minneapolis, Minnesota 55479

(612) 667-4608

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

 

 

Apache Corporation

(Exact name of obligor as specified in its charter)

 

 

 

Delaware   41-0747868

(State or other jurisdiction

of incorporation or organization)

 

(I.R.S. Employer

Identification No.)

One Post Oak Central

2000 Post Oak Boulevard, Suite 100

TELEPHONE: (713) 296-6000

Houston, Texas 77056-4400

(Address, Including Zip Code, and Telephone Number, Including Area

Code, of Registrant’s Principal Executive Offices)

 

 

Debt Securities

(Title of Securities)

 

 

 


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

Administrator of National Banks

United States Department of the Treasury

Washington, D.C. 20219

Federal Deposit Insurance Corporation

550 17th Street, N.W.

Washington, D.C. 20429

Federal Reserve Bank of San Francisco

P.O. Box 7702

San Francisco, CA 94120

 

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

The 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.

None with respect to the trustee.

No responses are included for Items 3-14 of this Form T-1 because the obligor is not in default as provided under Item 13.

Item 15. Foreign Trustee. Not applicable.

Item 16. List of Exhibits. List below all exhibits filed as a part of this Statement of Eligibility.

 

Exhibit 1.    A copy of the Articles of Association of the trustee now in effect.*
Exhibit 2.    A copy of the Comptroller of the Currency Certificate of Corporate Existence and Fiduciary Powers for Wells Fargo Bank, National Association, dated February 4, 2004.**
Exhibit 3.    See Exhibit 2
Exhibit 4.    Copy of By-laws of the trustee as now in effect.***
Exhibit 5.    Not applicable.
Exhibit 6.    The consent of the trustee required by Section 321(b) of the Act.
Exhibit 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.
Exhibit 8.    Not applicable.
Exhibit 9.    Not applicable.


* Incorporated by reference to the exhibit of the same number to the trustee’s Form T-1 filed as exhibit 25 to the Form S-4 dated December 30, 2005 of Hornbeck Offshore Services LLC file number 333-130784-06.
** Incorporated by reference to the exhibit of the same number to the trustee’s Form T-1 filed as exhibit TG3 to the Form T-3 dated March 3, 2004 of Trans-Lux Corporation file number 022-28721.
*** Incorporated by reference to the exhibit of the same number to the trustee’s Form T-1 filed as exhibit 25.1 to the Form S-4 dated May 26, 2005 of Penn National Gaming Inc. file number 333-125274.


SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Wells Fargo 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 to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Dallas and State of Texas on the 27th day of June, 2017.

 

WELLS FARGO BANK, NATIONAL ASSOCIATION
LOGO

John C. Stohlmann

Vice President


EXHIBIT 6

June 27, 2017

Securities and Exchange Commission

Washington, D.C. 20549

Gentlemen:

In accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, the undersigned hereby consents that reports of examination of the undersigned made by Federal, State, Territorial, or District authorities authorized to make such examination may be furnished by such authorities to the Securities and Exchange Commission upon its request thereof.

 

Very truly yours,
WELLS FARGO BANK, NATIONAL ASSOCIATION
LOGO

John C. Stohlmann

Vice President


Exhibit 7

Consolidated Report of Condition of

Wells Fargo Bank National Association

of 101 North Phillips Avenue, Sioux Falls, SD 57104

And Foreign and Domestic Subsidiaries,

at the close of business March 31, 2017, filed in accordance with 12 U.S.C. §161 for National Banks.

 

            Dollar
Amounts
In Millions
 

ASSETS

     

Cash and balances due from depository institutions:

     

Noninterest-bearing balances and currency and coin

      $ 18,876  

Interest-bearing balances

        227,559  

Securities:

     

Held-to-maturity securities

        107,924  

Available-for-sale securities

        278,250  

Federal funds sold and securities purchased under agreements to resell:

     

Federal funds sold in domestic offices

        111  

Securities purchased under agreements to resell

        27,170  

Loans and lease financing receivables:

     

Loans and leases held for sale

        13,728  

Loans and leases, net of unearned income

     916,710     

LESS: Allowance for loan and lease losses

     10,285     

Loans and leases, net of unearned income and allowance

        906,425  

Trading Assets

        45,041  

Premises and fixed assets (including capitalized leases)

        7,728  

Other real estate owned

        845  

Investments in unconsolidated subsidiaries and associated companies

        11,241  

Direct and indirect investments in real estate ventures

        271  

Intangible assets

  

Goodwill

        22,669  

Other intangible assets

        17,237  

Other assets

        64,101  
     

 

 

 

Total assets

      $ 1,749,176  
     

 

 

 

LIABILITIES

     

Deposits:

  

In domestic offices

      $ 1,245,096  

Noninterest-bearing

     408,018     

Interest-bearing

     837,078     

In foreign offices, Edge and Agreement subsidiaries, and IBFs

        122,120  

Noninterest-bearing

     981     

Interest-bearing

     121,139     

Federal funds purchased and securities sold under agreements to repurchase:

  

Federal funds purchased in domestic offices

        8,893  

Securities sold under agreements to repurchase

        7,261  


     Dollar
Amounts
In Millions
 

Trading liabilities

     13,575  

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

     153,308  

Subordinated notes and debentures

     13,199  

Other liabilities

     28,578  
  

 

 

 

Total liabilities

   $ 1,592,030  

EQUITY CAPITAL

  

Perpetual preferred stock and related surplus

     0  

Common stock

     519  

Surplus (exclude all surplus related to preferred stock)

     106,707  

Retained earnings

     50,815  

Accumulated other comprehensive income

     (1,291

Other equity capital components

     0  
  

 

 

 

Total bank equity capital

     156,750  

Noncontrolling (minority) interests in consolidated subsidiaries

     396  
  

 

 

 

Total equity capital

     157,146  
  

 

 

 

Total liabilities, and equity capital

   $ 1,749,176  
  

 

 

 

I, John R. Shrewsberry, Sr. EVP & CFO of the above-named bank do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.

John R. Shrewsberry

Sr. EVP & CFO    

We, the undersigned directors, attest to the correctness of this Report of Condition 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.

            Directors

Enrique Hernandez, Jr

Stephen Sanger

Lloyd Dean