EX-25.1 7 l09544aexv25w1.htm EXHIBIT 25.1 STATEMENT OF ELIGIBILITY OF TRUSTEE Exhibit 25.1
 

Exhibit 25.1



FORM T-1

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

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) o


THE BANK OF NEW YORK TRUST COMPANY, N.A.

(Exact name of trustee as specified in its charter)
     
(State of incorporation
if not a U.S. national bank)
  59-2283428
(I.R.S. employer
identification no.)
     
800 Brickell Avenue
Suite 300
Miami, Florida
(Address of principal executive offices)
 

33131
(Zip code)


Health Care REIT, Inc.

(Exact name of obligor as specified in its charter)
     
Delaware
(State or other jurisdiction of
incorporation or organization)
  34-1096634
(I.R.S. employer
identification no.)
     
Health Care REIT, Inc.
One Seagate
Toledo, OH
(Address of principal executive offices)
 

43603
(Zip code)


6% Notes due November 15, 2013
(Title of the indenture securities)



 


 

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
Comptroller of the Currency
   
 
   
United States Department of the Treasury
  Washington, D.C. 20219
 
   
Federal Reserve Bank
  Atlanta, Georgia 30309
 
   
Federal Deposit Insurance Corporation
  Washington, D.C. 20429

(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 articles of association of The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-117874).
 
  2.   A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-100717).
 
  3.   A copy of the authorization of the trustee to exercise corporate trust powers. (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-100717).
 
  4.   A copy of the existing by-laws of the trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-100717).

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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. 333-117391.)
 
  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 Trust Company, N.A., a 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 Cincinnati, and State of Ohio, on the 13th day of September, 2004.
         
  THE BANK OF NEW YORK TRUST
COMPANY, N.A.
 
 
  By:   /s/ GEOFFREY D. ANDERSON    
    Name:   GEOFFREY D. ANDERSON   
    Title:   ASSISTANT VICE PRESIDENT   
 

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EXHIBIT 7

Consolidated Report of Condition of
THE BANK OF NEW YORK TRUST COMPANY, N.A.
of 800 Brickell Avenue, Suite 100, Miami, FL 33131

     At the close of business June 30, 2004, published in accordance with Federal regulatory authority instructions.

         
    Dollar Amounts
    in Thousands
ASSETS
       
Cash and balances due from depository institutions:
       
Noninterest-bearing balances and currency and coin
    6.838  
Interest-bearing balances
    2,303  
Securities:
       
Held-to-maturity securities
    0  
Available-for-sale securities
    8,727  
Federal funds sold and securities purchased under agreements to resell:
       
Federal funds sold
    0  
Securities purchased under agreements to resell
    0  
Loans and lease financing receivables:
       
Loans and leases held for sale
    0  
Loans and leases, net of unearned income
    0  
LESS: Allowance for loan and lease losses
    0  
Loans and leases, net of unearned income and allowance
    0  
Trading assets
    0  
Premises and fixed assets (including capitalized leases)
    1,469  
Other real estate owned
    0  
Investments in unconsolidated subsidiaries and associated companies
    0  
Customers’ liability to this bank on acceptances outstanding
    0  
Intangible assets:
       
Goodwill
    60,292  
Other Intangible Assets
    18,430  
Other assets
    8,158  
 
   
 
 
Total assets
    106,217  
 
   
 
 

 


 

         
    Dollar Amounts
    in Thousands
LIABILITIES
       
Deposits:
       
In domestic offices
    767  
Noninterest-bearing
    767  
Interest-bearing
    0  
Not applicable
       
Federal funds purchased and securities sold under agreements to repurchase:
       
Federal funds purchased
    0  
Securities sold under agreements to repurchase
    0  
Trading liabilities
    0  
Other borrowed money:
       
(includes mortgage indebtedness and obligations under capitalized leases)
    6,000  
Not applicable
       
Bank’s liability on acceptances executed and outstanding
    0  
Subordinated notes and debentures
    0  
Other liabilities
    5,233  
 
   
 
 
Total liabilities
    12,000  
 
   
 
 
Minority interest in consolidated subsidiaries
    0  
EQUITY CAPITAL
       
Perpetual preferred stock and related surplus
    0  
Common stock
    750  
Surplus
    69,299  
Retained earnings
    24,166  
Accumulated other comprehensive income
    2  
Other equity capital components
    0  
 
   
 
 
Total equity capital
    94,217  
 
   
 
 
Total liabilities, minority interest, and equity capital
    106,217  
 
   
 
 

     I, Thomas J. Mastro, Comptroller 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.

             
 
Thomas J. Mastro
  )     Comptroller

     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.

             
 
Richard G. Jackson
  )      
 
           
 
Nicholas C. English
  )     Directors
 
           
 
Karen B. Shupenko
  )