EX-25.01 8 dex2501.htm STATEMENT OF ELIGIBILITY AND QUALIFICATION ON FORM T-1 Statement of Eligibility and Qualification on Form T-1

Exhibit 25.01

 


 

 

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

(Exact name of trustee as specified in its charter)

 

 

New York    13-5160382

(State 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)

 

 


 

 

MBIA Inc.

(Exact name of obligor as specified in its charter)

 

 

Connecticut    06-1185706

(State or other jurisdiction of

incorporation or organization)

   (I.R.S. employer identification no.)

 

 

113 King Street
Armonk, New York
  10504
(Address of principal executive offices)   (Zip code)

 

 


 

 

Senior Debt Securities

(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
Superintendent of Banks of the State of New York   

2 Rector Street, New York, N.Y. 10006,

and Albany, N.Y. 12203

Federal Reserve Bank of New York    33 Liberty Plaza, New York, N.Y. 10045
Federal Deposit Insurance Corporation    Washington, D.C. 20429
New York Clearing House Association    New York, New York 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 eachsuch 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 (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 and Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637.)

 

  4.   A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 33-31019.)

 

  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. 33-44051.)

 

  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, 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 16th day of January, 2004.

 

 

 

THE BANK OF NEW YORK

By:

  

/S/    VAN K. BROWN


     Name:   VAN K. BROWN
     Title:   VICE PRESIDENT

 

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EXHIBIT 7

 

 


Consolidated Report of Condition of

 

THE BANK OF NEW YORK

 

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 September 30, 2003, 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

   $ 3,688,426

Interest-bearing balances

     4,380,259

Securities:

      

Held-to-maturity securities

     270,396

Available-for-sale securities

     21,509,356

Federal funds sold in domestic offices

     1,269,945

Securities purchased under agreements to resell

     5,320,737

Loans and lease financing receivables:

      

Loans and leases held for sale

     629,178

Loans and leases, net of unearned income                   38,241,326

      

LESS: Allowance for loan and lease losses                      813,502

      

Loans and leases, net of unearned income and allowance

     37,427,824

Trading Assets

     6,323,529

Premises and fixed assets (including capitalized leases)

     938,488

Other real estate owned

     431

Investments in unconsolidated subsidiaries and associated companies

     256,230

Customers’ liability to this bank on acceptances outstanding

     191,307

Intangible assets

      

Goodwill

     2,562,478

Other intangible assets

     798,536

Other assets

     6,636,012

Total assets

   $ 92,203,132
LIABILITIES       

Deposits:

      

In domestic offices

   $ 35,637,801

Noninterest-bearing                      15,795,823

      

Interest-bearing                            19,841,978

      

In foreign offices, Edge and Agreement subsidiaries, and IBFs

     23,759,599

Noninterest-bearing                          599,397

      

Interest-bearing                            23,160,202

      

Federal funds purchased in domestic

offices

     464,907

Securities sold under agreements to repurchase

     693,638

Trading liabilities

     2,634,445

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

     11,168,402

Bank’s liability on acceptances executed and outstanding

     193,690

Subordinated notes and debentures

     2,390,000

Other liabilities

     6,573,955
    

Total liabilities

   $ 83,516,437
    

Minority interest in consolidated subsidiaries

     519,418
EQUITY CAPITAL       

Perpetual preferred stock and related surplus

     0

Common stock

     1,135,284

Surplus

     2,057,234

Retained earnings

     4,892,597

Accumulated other comprehensive income

     82,162

Other equity capital components

     0
    

Total equity capital

     8,167,277
    

Total liabilities minority interest and equity capital

   $ 92,203,132
    

 

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I, Thomas J. Mastro, Senior Vice President and Comptroller 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 J. Mastro,

Senior Vice President and Comptroller

 

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.

 

 

 

Thomas A. Renyi

Gerald L. Hassell

Alan R. Griffith

 

]

   Directors

 

 

 

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