EX-25.1 18 y62674exv25w1.txt FORM T-1 EXHIBIT 25.1 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 TRUST NATIONAL ASSOCIATION (Exact name of Trustee as specified in its charter) 41-1973763 I.R.S. Employer Identification No. 300 EAST DELAWARE AVENUE, 8{TH} FLOOR WILMINGTON, DELAWARE 19809 (Address of principal executive offices) (Zip Code) Barbara A. Nastro U.S. Bank Trust National Association 100 Wall Street, Suite 1600 New York, NY 10005 Telephone (212) 361-2525 (Name, address and telephone number of agent for service) BERRY PLASTICS CORPORATION (Exact name of Registrant as specified in its charter) DELAWARE 35-1813706 (State or other jurisdiction (I.R.S. Employer Identification No.) of incorporation or organization) 101 OAKLEY STREET, EVANSVILLE, INDIANA 47710 (Address of Principal Executive Offices) (Zip Code) DEBT SECURITIES (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. Yes ITEM 2. AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation. None USE ONE OF FOLLOWING RESPONSES ONLY ITEMS 3-15 Not applicable because, to the best of Trustee's knowledge, the Trustee is not a trustee under any other indenture under which any other securities or certificates of interest or participation in any other securities of the obligor are outstanding and there is not, nor has there been, a default with respect to securities issued under the indenture to be qualified. ITEMS 3-15 The Trustee is a Trustee under other Indentures under which securities issued by the obligor are outstanding. There is not and there has not been a default with respect to the securities outstanding under other such Indentures. 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 now in effect, incorporated herein by reference to Exhibit 1 of Form T-1, Document 6 of Registration No. 333-84320. 2. A copy of the certificate of authority of the Trustee to commence business, incorporated herein by reference to Exhibit 2 of Form T-1, Document 6 of Registration No. 333-84320. 3. A copy of the certificate of authority of the Trustee to exercise corporate trust powers, incorporated herein by reference to Exhibit 3 of Form T-1, Document 6 of Registration No. 333-84320. 4. A copy of the existing bylaws of the Trustee, as now in effect, incorporated herein by reference to Exhibit 4 of Form T-1, Document 6 of Registration No. 333-84320. 5. Not applicable. 6. The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, incorporated herein by reference to Exhibit 6 of Form T-1, Document 6 of Registration No. 333-84320. 2 7. Report of Condition of the Trustee as of March 31, 2002, published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7. 8. Not applicable. 9. Not applicable. 3 SIGNATURE Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK TRUST 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 New York, State of New York on the 4{th} day of June, 2002. U.S. BANK TRUST NATIONAL ASSOCIATION By: /S/ BARBARA A. NASTRO ------------------------------- BARBARA A. NASTRO Vice President 4 Exhibit 7 U.S. BANK TRUST NATIONAL ASSOCIATION STATEMENT OF FINANCIAL CONDITION AS OF 3/31/2002 ($000'S)
3/31/2002 --------- ASSETS Cash and Due From Depository Institutions $ 73,646 Fixed Assets 367 Intangible Assets 47,815 Other Assets 13,306 --------- TOTAL ASSETS $135,134 LIABILITIES Other Liabilities $ 10,844 --------- TOTAL LIABILITIES $ 10,844 EQUITY Common and Preferred Stock $ 1,000 Surplus 125,932 Undivided Profits (2,642) --------- TOTAL EQUITY CAPITAL $124,290 TOTAL LIABILITIES AND EQUITY CAPITAL $135,134
To the best of the undersigned's determination, as of this date the above financial information is true and correct. U.S. Bank Trust National Association By: /S/ Barbara A. Nastro Vice President Date: July 31, 2002 5