EX-25.01 9 a06-7437_1ex25d01.htm STATEMENT OF ELIGIBILITY OF TRUSTEE

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)

 


 

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

 

 

 

13-4994650

(State of incorporation

 

(I.R.S. employer

if not a national bank)

 

identification No.)

 

1111 Polaris Parkway

 

 

Columbus, Ohio

 

43271

(Address of principal executive offices)

 

(Zip Code)

 

Pauline E. Higgins

Vice President and Assistant General Counsel

JPMorgan Chase Bank, National Association

707 Travis Street, 4th Floor North

Houston, Texas 77002

Tel:  (713) 216-1436

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

 


 

Southwestern Public Service

(Exact name of obligor as specified in its charter)

 

New Mexico

 

75-0575400

(State or other jurisdiction of

 

(I.R.S. employer

incorporation or organization)

 

identification No.)

 

Tyler & Sixth

 

 

Amarillo, Texas

 

79101

(Address of principal executive offices)

 

(Zip Code)

 

Debt Securities

(Title of the indenture securities)

 

 



 

GENERAL

 

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.

 

 

 

 

 

 

 

Board of Governors of the Federal Reserve System, Washington, D.C., 20551

 

 

 

 

 

 

 

Federal Deposit Insurance Corporation, Washington, D.C., 20429.

 

 

 

 

 

(b)

Whether it is authorized to exercise corporate trust powers.

 

 

 

 

 

 

Yes.

 

 

 

Item 2.

 

Affiliations with the Obligor and Guarantors.

 

 

 

 

 

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

 

 

 

 

 

None.

 

2



 

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 JPMorgan Chase Bank, N.A. (see Exhibit 1 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

 

2.                        A copy of the Certificate of Authority of the Comptroller of the Currency for the trustee to commence business. (see Exhibit 2 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

 

3.                        None, the authority of the trustee to exercise corporate trust powers being contained in the documents described in Exhibits 1 and 2.

 

4.                        A copy of the existing By-Laws of the Trustee. (see Exhibit 4 to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

 

5.                        Not applicable.

 

6.                        The consent of the Trustee required by Section 321(b) of the Act. (see Exhibit  6  to Form T-1 filed in connection with Registration Statement No. 333-106575 which is incorporated by reference).

 

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.

 

8.                        Not applicable.

 

9.                        Not applicable.

 

SIGNATURE

 

Pursuant to the requirements of the Trust Indenture Act of 1939 the Trustee,  JPMorgan Chase Bank, N.A., 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 13th day of March,  2006.

 

 

JPMORGAN CHASE BANK, N.A.

 

 

 

 

By

/S/ JAMES D. HEANEY

 

 

 

James D. Heaney, Vice President

 

3



 

Exhibit 7

 

 

Bank Call Notice

 

RESERVE DISTRICT NO. 2

CONSOLIDATED REPORT OF CONDITION OF

 

JPMorgan Chase Bank, N.A.

of 1111 Polaris Parkway, Columbus, Ohio 43240

and Foreign and Domestic Subsidiaries,

a member of the Federal Reserve System,

 

at the close of business September 30, 2005, 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

 

 

 

 

 

in Millions

 

ASSETS

 

 

 

 

 

Cash and balances due from depository institutions:

 

 

 

 

 

Noninterest-bearing balances and currency and coin

 

 

 

$

28,433

 

Interest-bearing balances

 

 

 

17,638

 

Securities:

 

 

 

 

 

Held to maturity securities

 

 

 

84

 

Available for sale securities

 

 

 

55,133

 

Federal funds sold and securities purchased under agreements to resell

 

 

 

 

 

Federal funds sold in domestic offices

 

 

 

24,468

 

Securities purchased under agreements to resell

 

 

 

167,210

 

Loans and lease financing receivables:

 

 

 

 

 

Loans and leases held for sale

 

 

 

30,960

 

Loans and leases, net of unearned income

 

$

360,848

 

 

 

Less: Allowance for loan and lease losses

 

4,895

 

 

 

Loans and leases, net of unearned income and allowance

 

 

 

355,953

 

Trading Assets

 

 

 

229,642

 

Premises and fixed assets (including capitalized leases)

 

 

 

8,279

 

Other real estate owned

 

 

 

141

 

Investments in unconsolidated subsidiaries and associated companies

 

 

 

794

 

Customers’ liability to this bank on acceptances outstanding

 

 

 

738

 

Intangible assets

 

 

 

 

 

Goodwill

 

 

 

23,365

 

Other Intangible assets

 

 

 

10,275

 

Other assets

 

 

 

55,313

 

TOTAL ASSETS

 

 

 

$

1,008,426

 

 

4



 

LIABILITIES

 

 

 

 

 

Deposits

 

 

 

 

 

In domestic offices

 

 

 

$

389,235

 

Noninterest-bearing

 

$

138,883

 

 

 

Interest-bearing

 

250,352

 

 

 

In foreign offices, Edge and Agreement subsidiaries and IBF’s

 

 

 

140,161

 

Noninterest-bearing

 

$

6,800

 

 

 

Interest-bearing

 

133,361

 

 

 

 

 

 

 

 

 

Federal funds purchased and securities sold under agreements to repurchase:

 

 

 

 

 

Federal funds purchased in domestic offices

 

 

 

8,435

 

Securities sold under agreements to repurchase

 

 

 

109,608

 

Trading liabilities

 

 

 

131,588

 

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

 

 

 

82,712

 

Bank’s liability on acceptances executed and outstanding

 

 

 

738

 

Subordinated notes and debentures

 

 

 

17,662

 

Other liabilities

 

 

 

40,948

 

TOTAL LIABILITIES

 

 

 

921,087

 

Minority Interest in consolidated subsidiaries

 

 

 

2,249

 

 

 

 

 

 

 

EQUITY CAPITAL

 

 

 

 

 

 

 

 

 

 

 

Perpetual preferred stock and related surplus

 

 

 

0

 

Common stock

 

 

 

1,785

 

Surplus (exclude all surplus related to preferred stock)

 

 

 

59,467

 

Retained earnings

 

 

 

24,523

 

Accumulated other comprehensive income

 

 

 

(685

)

Other equity capital components

 

 

 

0

 

TOTAL EQUITY CAPITAL

 

 

 

85,090

 

 

 

 

 

 

 

TOTAL LIABILITIES, MINORITY INTEREST, AND EQUITY CAPITAL

 

 

 

$

1,008,426

 

 

I, Joseph L. Sclafani, E.V.P. & Controller of the above-named bank, do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.

 

 

/S/ JOSEPH L. SCLAFANI

 

 

We, the undersigned directors, attest to the correctness of this Report of Condition and 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 issued by the appropriate Federal regulatory authority and is true and correct.

 

 

 

/S/ WILLIAM B. HARRISON, JR.

)

 

 

 

 

 

 

/S/ JAMES DIMON

) DIRECTORS

 

 

 

 

 

 

/S/ MICHAEL J. CAVANAGH

)