EX-25.2 13 dex252.txt FORM T-1 FOR THE 2016 NOTES 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) THE BANK OF NEW YORK (Exact name of trustee as specified in its charter) New York 13-5160382 (State of incorporation (I.R.S. employer if not a national bank) identification no.) One Wall Street, New York, N.Y. 10286 (Address of principal executive offices) (Zip code) CHESAPEAKE ENERGY CORPORATION ----------------------------- (Exact name of obligor as specified in its charter) Oklahoma 73-1395733 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification No.) 6100 North Western Avenue Oklahoma City, Oklahoma 73118 (Address of principal executive offices) (Zip code) 6.875% Senior Notes due 2016 (Title of the indenture securities) - 1 - 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 2 Rector Street, State of New York 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 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 and rule 24 of the Commission's Rules of Practice. 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.) - 2 - 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. SIGNATURE Pursuant to the requirements of the Trust Indenture Act of 1939 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 20th day of November, 2003. THE BANK OF NEW YORK By: -------------------------------- Louis P. Young Vice President - 3 - 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 June 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.
Dollar Amounts ASSETS In Thousands Cash and balances due from depository institutions: Noninterest-bearing balances and currency and coin $ 4,257,371 Interest-bearing balances 6,048,782 Securities: Held-to-maturity securities 373,479 Available-for-sale securities 18,918,169 Federal funds sold in domestic offices 6,689,000 Securities purchased under agreements to resell 5,293,789 Loans and lease financing receivables: Loans and leases held for sale 616,186 Loans and leases, net of unearned income 38,342,282 LESS: Allowance for loan and lease losses 819,982 Loans and leases, net of unearned income and allowance 37,522,300 Trading Assets 5,741,193 Premises and fixed assets (including capitalized leases) 958,273 Other real estate owned 441 Investments in unconsolidated subsidiaries and associated companies 257,626 Customers' liability to this bank on acceptances outstanding 159,995 Intangible assets Goodwill 2,554,921 Other intangible assets 805,938 Other assets 6,285,971 ----------- Total assets $96,483,434 ===========
LIABILITIES Deposits: In domestic offices $37,264,787 Noninterest-bearing 15,357,289 Interest-bearing 21,907,498 In foreign offices, Edge and Agreement subsidiaries, and IBFs 28,018,241 Noninterest-bearing 1,026,601 Interest-bearing 26,991,640 Federal funds purchased in domestic offices 739,736 Securities sold under agreements to repurchase 465,594 Trading liabilities 2,456,565 Other borrowed money: (includes mortgage indebtedness and obligations under capitalized leases) 8,994,708 Bank's liability on acceptances executed and outstanding 163,277 Subordinated notes and debentures 2,400,000 Other liabilities 7,446,726 ----------- Total liabilities $87,949,634 =========== Minority interest in consolidated subsidiaries 519,472 EQUITY CAPITAL Perpetual preferred stock and related surplus 0 Common stock 1,135,284 Surplus 2,056,273 Retained earnings 4,694,161 Accumulated other comprehensive income 128,610 Other equity capital components 0 ------------------------------------------------------------------------------------------------------------ Total equity capital 8,014,328 ----------- Total liabilities minority interest and equity capital $96,483,434 ===========
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 ) Directors Alan R. Griffith ) --------------------------------------------------------------------------------