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)
A National Banking Association | | 31-0841368 |
(Jurisdiction of incorporation or | | (I.R.S. Employer |
organization if not a U.S. national | | Identification No.) |
bank) | | |
| | 55402 |
| | (Zip code) |
(Address of principal executive offices) | | |
| | |
Patrick L. Teague
U.S. Bank National Association
214 N. Tryon Street, 27th Floor
Charlotte, NC 28202
Telephone 704-335-4559
(Name, address and telephone number of agent for service)
_____________________________
CommScope, Inc.
(Exact name of obligor as specified in its charter)
| | 36-4135495 |
(State or other jurisdiction of | | (I.R.S. Employer |
incorporation or organization) | | Identification No.) |
| | 28602 |
| | (Zip code) |
(Address of principal executive offices) | | |
_____________________________
3.50% Convertible Senior Subordinated Debentures due 2024
(Title of the indenture securities)
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. 20521
(b) Whether it is authorized to exercise corporate trust powers.
Yes.
2. Affiliations with Obligor and Underwriters. If the obligor or any underwriter for the obligor is an affiliate of the trustee, describe each such affiliation.
No such affiliation exists with the Trustee, U.S. Bank National Association.
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.
16. List of Exhibits. List below all exhibits filed as a part of this statement of eligibility and qualification.
| 1. | Articles of Association of U.S. Bank National Association.(1) |
| 2. | Certificate of Authority of U.S. Bank National Association to Commence Business.(1) |
| 3. | Authorization of the trustee to exercise corporate trust powers.(1) |
| 4. | Bylaws of U.S. Bank National Association.(1) |
| 6. | Consents of U.S. Bank National Association required by Section 321(b) of the Act.(2) |
| | |
| 7. | Latest Report of Condition of U.S. Bank National Association.(2) |
_________________________
| (1) | Incorporated by reference to the exhibit of the same number to the Form T-1 filed with registration statement number 333-67188. |
| (2) | Attached. |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, U.S. Bank National Association, a national banking association organized under the laws of the United States, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Charlotte, and State of North Carolina, as of the 27th day of April, 2009.
U.S. BANK NATIONAL ASSOCIATION
By /s/ Patrick L. Teague
Patrick L. Teague
Vice President
Exhibit 6
CONSENT OF THE TRUSTEE
Pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939 in connection with the proposed issuance by CommScope, Inc. Senior Securities we hereby consent that reports of examinations by federal, state, territorial and district authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
U.S. BANK NATIONAL ASSOCIATION
By /s/ Patrick L. Teague
Patrick L. Teague
Vice President
Dated as of April 27, 2009
Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 12/31/2008
($000's)
| | 12/31/2008 | |
Assets | | | |
Cash and Balances Due From Depository Institutions | | $ | 8,077,564 | |
Securities | | | 37,455,111 | |
Federal Funds | | | 3,290,350 | |
Loans & Lease Financing Receivables | | | 180,437,040 | |
Fixed Assets | | | 4,522,546 | |
Intangible Assets | | | 12,495,040 | |
Other Assets | | | 15,497,940 | |
Total Assets | | $ | 261,775,591 | |
Liabilities | | | | |
Deposits | | $ | 171,980,048 | |
Fed Funds | | | 11,861,941 | |
Treasury Demand Notes | | | 0 | |
Trading Liabilities | | | 1,919,265 | |
Other Borrowed Money | | | 39,187,106 | |
Acceptances | | | 0 | |
Subordinated Notes and Debentures | | | 7,329,967 | |
Other Liabilities | | | 6,647,510 | |
Total Liabilities | | $ | 238,925,837 | |
Equity | | | | |
Minority Interest in Subsidiaries | | $ | 1,664,422 | |
Common and Preferred Stock | | | 18,200 | |
Surplus | | | 12,597,620 | |
Undivided Profits | | | 8,569,512 | |
Total Equity Capital | | $ | 22,849,754 | |
Total Liabilities and Equity Capital | | $ | 261,775,591 | |
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/ Patrick L. Teague | | |
| Patrick L. Teague Vice President | | |
| | | |
Date: | April 27th 2009 | | |