EX-25.50 96 d304795dex2550.htm STATEMENT OF ELIGIBILITY OF THE BANK OF NEW YORK MELLON Statement of Eligibility of The Bank of New York Mellon

Exhibit 25.50

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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)        |    |

 

 

THE BANK OF NEW YORK MELLON

(Exact name of trustee as specified in its charter)

 

New York

  

13-5160382

(Jurisdiction of incorporation

if not a U.S. national bank)

  

(I.R.S. employer

identification no.)

One Wall Street, New York, N.Y.

  

10286

(Address of principal executive offices)

  

(Zip code)

 

 

Bank of America Corporation

(Exact name of obligor as specified in its charter)

 

Delaware

  

56-0906609

(State or other jurisdiction of

incorporation or organization)

  

(I.R.S. employer

identification no.)

Bank of America Corporate Center

100 North Tryon Street

Charlotte, North Carolina

  

28255

(Address of principal executive offices)

  

(Zip code)

 

 

Guarantee of Trust Securities of BAC Capital Trust VI

(Title of the indenture securities)

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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                         
          
 

Superintendent of Banks of the State of New York

  

One State Street, New York, N.Y.

10004-1417, and Albany, N.Y.

12223

 

Federal Reserve Bank of New York

  

33 Liberty Street, New York, N.Y.

10045

 

Federal Deposit Insurance Corporation

  

Washington, D.C. 20429

 

New York Clearing House Association

  

New York, N.Y. 10005

 

  (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 Organization Certificate of The Bank of New York Mellon (formerly known as The Bank of New York, itself formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735).

 

  4. A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-154173).

 

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  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. 333-152735).

 

  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.

 

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SIGNATURE

Pursuant to the requirements of the Act, the Trustee, The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, 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 22nd day of March, 2012.

 

THE BANK OF NEW YORK MELLON
By:      

/S/       Sherma Thomas

  Name:   Sherma Thomas
  Title:   Senior Associate

 

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EXHIBIT 7

 

 

Consolidated Report of Condition of

THE BANK OF NEW YORK MELLON

of One Wall Street, New York, N.Y. 10286

And Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System, at the close of business December 31, 2011, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

 

ASSETS

     Dollar Amounts In Thousands    

Cash and balances due from depository institutions:

  

Noninterest-bearing balances and currency and coin

     3,285,000    

Interest-bearing balances

     118,033,000    

Securities:

  

Held-to-maturity securities

     3,521,000    

Available-for-sale securities

     74,417,000    

Federal funds sold and securities purchased under agreements to resell:

  

Federal funds sold in domestic offices

     23,000    

Securities purchased under agreements to resell

     603,000    

Loans and lease financing receivables:

  

Loans and leases held for sale

     10,000    

Loans and leases, net of unearned income

     27,101,000    

LESS: Allowance for loan and lease losses

     374,000    

Loans and leases, net of unearned income and allowance

     26,727,000    

Trading assets

     5,841,000    

Premises and fixed assets (including capitalized leases)

     1,208,000    

Other real estate owned

     12,000    

Investments in unconsolidated subsidiaries and associated companies

     988,000    

Direct and indirect investments in real estate ventures

       

Intangible assets:

  

Goodwill

     6,415,000    

Other intangible assets

     1,615,000    

Other assets

     13,507,000    
  

 

 

 

Total assets

     256,205,000    
  

 

 

 


LIABILITIES

  

Deposits:

  

In domestic offices

     127,980,000    

Noninterest-bearing

     91,500,000    

Interest-bearing

     36,480,000    

In foreign offices, Edge and Agreement subsidiaries, and IBFs

     85,660,000    

Noninterest-bearing

     2,710,000    

Interest-bearing

     82,950,000    

Federal funds purchased and securities sold under agreements to repurchase:

  

Federal funds purchased in domestic offices

     2,166,000    

Securities sold under agreements to repurchase

     1,010,000    

Trading liabilities

     7,283,000    

Other borrowed money:

  

(includes mortgage indebtedness and obligations under capitalized leases)

     1,877,000    

Not applicable

  

Not applicable

  

Subordinated notes and debentures

     3,505,000    

Other liabilities

     8,465,000    
  

 

 

 

Total liabilities

     237,946,000    
  

 

 

 

EQUITY CAPITAL

  

Perpetual preferred stock and related surplus

       

Common stock

     1,135,000    

Surplus (exclude all surplus related to preferred stock)

     9,607,000    

Retained earnings

     8,450,000    

Accumulated other comprehensive income

     -1,283,000    

Other equity capital components

       

Total bank equity capital

     17,909,000    

Noncontrolling (minority) interests in consolidated subsidiaries

     350,000    

Total equity capital

     18,259,000    
  

 

 

 

Total liabilities and equity capital

     256,205,000    
  

 

 

 


I, Thomas P. Gibbons, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.

 

Thomas P. Gibbons,            
Chief Financial Officer            

We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We 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 and is true and correct.

 

 

Gerald L. Hassell

Catherine A. Rein

John P. Surma

 

      

                                 Directors