EX-25.1 5 dex251.htm STATEMENT OF ELIGIBILITY OF TRUSTEE ON FORM T-1 Statement of Eligibility of Trustee on Form T-1

Exhibit 25.1

Statement of Eligibility of Trustee on Form T-1

 

 

 

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) ¨

 

 

U.S. BANK NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

31-0841368

(I.R.S. Employer Identification Number)

 

800 Nicollet Mall

Minneapolis, Minnesota

  55402
(Address of principal executive offices)   (Zip Code)

Wally Jones

U.S. Bank National Association

150 Fourth Avenue North, Second Floor

Nashville, Tennessee 37219

(615) 251-0737

 

 

LINCARE HOLDINGS INC.

(Exact name of obligor as specified in its charter)

 

Delaware   51-0331330

(State or other jurisdiction of incorporation

or organization)

  (I.R.S. Employer Identification Number)

19387 US 19 North

Clearwater, Florida

  33764
(Address of principal executive offices)   (Zip Code)

 

 

2.75% Convertible Senior Debentures Due 2037—Series A and

2.75% Convertible Senior Debentures Due 2037—Series B

(Title of the indenture securities)

 

 

 


Item 1. General Information.

 

  (a) Name and address of each examining or supervising authority to which the Trustee is subject.

Comptroller of the Currency

Washington, D.C.

 

  (b) Whether it is authorized to exercise corporate trust powers.

Yes.

 

Item 2. Affiliations with the Obligor.

If the obligor is an affiliate of the trustee, describe each such affiliation.

None.

 

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.

 

  1. A copy of the Articles of Association of the Trustee as now in effect.*

 

  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 hereto as Exhibit 6.

 

  7. Report of Condition of the Trustee as of September 30, 2007 published pursuant to law or the requirements of its supervising or examining authority.

 

    Attached hereto as Exhibit 7.

 

* Incorporated by reference to Exhibit 25.1 to Amendment No. 2 to registration statement on S-4, Registration Number 333-128217 filed on November 15, 2005.


SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, 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 to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Nashville, and State of Tennessee, on the 28TH day of January, 2008.

 

U.S. BANK NATIONAL ASSOCIATION
By:   /s/ Wally Jones
  Wally Jones, Assistant Vice President


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: January 28, 2008

 

By:   /s/ Wally Jones
  Wally Jones, Assistant Vice President


EXHIBIT 7

U.S. Bank National Association

Statement of Financial Condition

As of 9/30/2007

($000’s)

 

     9/30/2007

Assets

  

Cash and Due From Depository Institutions

   $ 6,710,248

Securities

     39,854,938

Federal Funds

     3,917,791

Loans & Lease Financing Receivables

     147,446,753

Fixed Assets

     2,385,656

Intangible Assets

     11,966,716

Other Assets

     13,693,927
      

Total Assets

   $ 225,976,029

Liabilities

  

Deposits

   $ 133,188,625

Fed Funds

     12,571,367

Treasury Demand Notes

     0

Trading Liabilities

     234,272

Other Borrowed Money

     41,979,138

Acceptances

     0

Subordinated Notes and Debentures

     7,697,466

Other Liabilities

     8,035,934
      

Total Liabilities

   $ 203,706,802

Equity

  

Minority Interest in Subsidiaries

   $ 1,542,042

Common and Preferred Stock

     18,200

Surplus

     12,057,531

Undivided Profits

     8,651,454
      

Total Equity Capital

   $ 22,269,227

Total Liabilities and Equity Capital

   $ 225,976,029

To the best of the undersigned’s determination, as of the date hereof, the above financial information is true and correct.

 

U.S. Bank National Association
By:   /s/ Wally Jones
  Wally Jones, Assistant Vice President

Dated: January 28, 2008