EX-25.1 5 dex251.htm EXHIBIT 25.1 Exhibit 25.1

Exhibit 25.1

 

 

 

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 No.)

 

 

 

800 Nicollet Mall

Minneapolis, Minnesota

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

 

 

Jack Ellerin

U.S. Bank National Association

1349 West Peachtree Street

Suite 1050

Atlanta, Georgia 30309

(404) 898-8830

(Name, address and telephone number of agent for service)

 

 

Smithfield Foods, Inc.

(exact name of obligor as specified in its charter)

 

 

 

Virginia   52-0845861
(State or other jurisdiction of
incorporation or organization)
  (I.R.S. Employer
Identification No.)

200 Commerce Street

Smithfield, Virginia

  23430
(Address of principal executive offices)   (Zip Code)

 

 

Senior Debt Securities

Subordinated Debt Securities

(Title of the indenture securities)

 

 

 


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.

Federal Deposit Insurance Company

Washington, D.C.

The Board of Governors of the Federal Reserve System

Washington, D.C.

 

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

Yes.

 

Item 2. Affiliations with Obligor.

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

None.

 

Items 3.-14. Items 3 – 14 are not applicable because, to the best of the knowledge of U.S. Bank National Association (the “Trustee”) the obligor is not in default under any indenture under which the Trustee acts as trustee.

 

Item 15. Item 15 is not applicable because the Trustee is not a foreign trustee.

 

Item 16. List of Exhibits.

List below all exhibits filed as a part of this statement of eligibility; provided that exhibits identified in parentheses are filed with the Commission and are incorporated herein by reference as exhibits hereto pursuant to Rule 7a-29 under the Trust Indenture Act of 1939, as amended, and 17 C.F.R. 229.10(d).

 

  1. A copy of the articles of association of the Trustee as now in effect. (Exhibit 25.1 to Amendment No. 2 to Form S-4, Registration Number 333-128217, filed by Revlon Consumer Products Corp.)

 

  2. A copy of the certificate of authority of the Trustee to commence business, is contained in the articles of association referred to in Paragraph 1 above.

 

  3. A copy of the authorization of the Trustee to exercise corporate trust powers. (Exhibit 25.1 to Form S-3ASR, Registration Number 333-155592, filed by ONEOK, Inc.)

 

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  4. A copy of the existing by-laws of the Trustee as now in effect. (Exhibit 4 to Exhibit 25.1 to Form S-3, Registration Number 333-160020, filed by The Phoenix Companies, Inc.)

 

  5. A copy of each indenture referred to in Item 4, if the obligor is in default.

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 as of the close of business on March 31, 2010, attached as Exhibit 7.

 

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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 and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Atlanta, State of Georgia, on the 25th day of June, 2010.

 

U.S. BANK NATIONAL ASSOCIATION
By:  

/s/ Jack Ellerin

 

Jack Ellerin

 

Vice President

 

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Exhibit 6

CONSENT OF TRUSTEE

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: June 25, 2010

 

U.S. BANK NATIONAL ASSOCIATION
By:  

/s/ Jack Ellerin

 

Jack Ellerin

 

Vice President

 

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Exhibit 7

REPORT OF CONDITION

U.S. Bank National Association

Statement of Financial Condition

As of March 31, 2010

(000’s)

 

     03/31/2010

ASSETS

  

Cash and balances due from depository institutions

   $ 8,396,049

Securities

     45,269,095

Federal funds sold and securities purchased under agreements to resell

     3,774,651

Loans and lease financing receivables

     180,918,939

Trading assets

     1,093,896

Premises and fixed assets (including capitalized leases)

     2,220,060

Other real estate owned

     1,726,653

Investments in unconsolidated subsidiaries and associated companies

     67,633

Intangible assets

     13,355,160

Other assets

     20,687,148
      

Total assets

   $ 277,509,284
      

LIABILITIES

  

Deposits

   $ 194,167,405

Federal funds purchased and securities sold under agreements to repurchase

     9,849,249

Trading liabilities

     362,519

Other borrowed money

     31,906,386

Subordinated notes and debentures

     7,629,967

Other liabilities

     6,648,045
      

Total liabilities

   $ 250,563,571

EQUITY CAPITAL

  

Common stock

   $ 18,200

Surplus

     12,642,020

Retained earnings

     12,673,897

Noncontrolling (minority) interests in consolidated subsidiaries

     1,611,596
      

Total equity capital

   $ 26,945,713
      

Total liabilities and equity capital

   $ 277,509,284
      

 

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