EX-25.2 11 a2124026zex-25_2.htm EXHIBIT 25.2

EXHIBIT 25.2

 

 

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)

 

Paula Oswald
U.S. Bank National Association
633 W. 5TH Street, 24th Floor
Los Angeles, CA  90071
(213) 615-6043
(Name, address and telephone number of agent for service)

 

 

SILICON GRAPHICS, INC.
(Issuer with respect to the Securities)

 

DELAWARE

 

94-2789662

(State or other jurisdiction of incorporation or organization)

 

(I.R.S. Employer Identification No.)

 

 

 

1600 Amphitheatre Pkwy, Mountain View, CA

 

94043-1351

(Address of Principal Executive Offices)

 

(Zip Code)

 

6.50% Senior Secured Convertible Notes Due 2009
(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.

 

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

In answering this item, the trustee has relied, in part, upon information furnished by the obligor and the underwriters, and has also examined its own books and records for the purpose of answering this item.

 

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.*

 

3.                                         A copy of the certificate of authority of the Trustee to exercise corporate trust powers.*

 

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.                                         A copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority.

 


*                           Incorporated by reference to Registration Number 333-67188.

 

A copy of the Articles of Association of the trustee, as now in effect, is on file with the Securities and Exchange Commission as an Exhibit with corresponding exhibit number to the Form T-1 of Structured Obligations Corporation, filed pursuant to Section 305(b)(2) of the Trust Indenture Act of 1939, as amended (the “Act”), on November 16, 2001 (Registration No. 333-67188), and is incorporated herein by reference.

 

 



 

NOTE

 

                The answers to this statement insofar as such answers relate to what persons have been underwriters for any securities of the obligors within three years prior to the date of filing this statement, or what persons are owners of 10% or more of the voting securities of the obligors, or affiliates, are based upon information furnished to the Trustee by the obligors.

 

 

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 Los Angeles, State of California on the 20th day of November, 2003.

 

 

 

U.S. BANK NATIONAL ASSOCIATION

 

 

 

 

 

By:

 

/s/ Paula Oswald

 

 

 

Paula Oswald

 

 

 

Vice President

 

 

 

 

 

 

 

 

 

 

2



 

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:  November 20, 2003

 

 

 

 

U.S. BANK NATIONAL ASSOCIATION

 

 

 

 

 

By:

 

/s/ Paula Oswald

 

 

 

Paula Oswald

 

 

 

Vice President

 

 

 

 

 

3



 

Exhibit 7

U.S. Bank National Association
Statement of Financial Condition
As of 9/30/2003

 

($000’s)

 

 

 

9/30/2003

 

Assets

 

 

 

Cash and Due From Depository Institutions

 

$

9,363,408

 

Federal Reserve Stock

 

0

 

Securities

 

34,719,100

 

Federal Funds

 

2,322,794

 

Loans & Lease Financing Receivables

 

118,943,010

 

Fixed Assets

 

1,915,381

 

Intangible Assets

 

9,648,952

 

Other Assets

 

9,551,844

 

Total Assets

 

$

186,464,489

 

 

 

 

 

Liabilities

 

 

 

Deposits

 

$

122,910,311

 

Fed Funds

 

6,285,092

 

Treasury Demand Notes

 

3,226,368

 

Trading Liabilities

 

246,528

 

Other Borrowed Money

 

21,879,472

 

Acceptances

 

145,666

 

Subordinated Notes and Debentures

 

6,148,678

 

Other Liabilities

 

5,383,119

 

Total Liabilities

 

$

166,225,234

 

 

 

 

 

Equity

 

 

 

Minority Interest in Subsidiaries

 

$

1,003,166

 

Common and Preferred Stock

 

18,200

 

Surplus

 

11,676,398

 

Undivided Profits

 

7,541,491

 

Total Equity Capital

 

$

20,239,255

 

 

 

 

 

Total Liabilities and Equity Capital

 

$

186,464,489

 

 

 

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