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)
UMB BANK, NATIONAL ASSOCIATION
(Exact name of trustee as specified in its charter)
U.S. National Bank | | 44-0201230 |
(Jurisdiction of incorporation or organization if not a U.S. national bank) | | (I.R.S. Employer Identification No.) |
1010 Grand Boulevard, Kansas City, Missouri 64106
(Address of principal executive offices) (Zip Code)
Richard F. Novosak, Assistant Vice President
2 South Broadway, Suite 600, St. Louis, Missouri 63102
(314) 612-8483
(Name, address and telephone number of agent for service)
ARCH COAL, INC.
(Exact name of obligor as specified in its charter)
DELAWARE | | 43-0921172 |
(State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification No.) |
ONE CITYPLACE DRIVE, SUITE 300 ST. LOUIS, MISSOURI 63141
(314) 994-2700
(Address of principal executive offices) (Zip Code)
7% SENIOR NOTES DUE 2019
7.25% SENIOR NOTES DUE 2021
(Title of indenture securities)
GENERAL
Item 1. General Information.
Furnish the following information as to the trustee:
(a) Name and address of each examining or supervisory authority to which it is subject.
Comptroller of the Currency of the United Sates, Washington, D.C.
(b) Whether it is authorized to exercise corporate trust powers.
Trustee is authorized to exercise corporate trust powers.
Item 2. Affiliations with Obligor.
If the Obligor is an affiliate of the trustee, describe each such affiliation.
The obligor is not an affiliate of the trustee.
Item 3. through Item 15. Not applicable.
Item 16. List of Exhibits
Listed below are all exhibits as a part of this Statement of eligibility and qualification.
1. Articles of Association of the Trustee, as now in effect (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-74008).
2. Certificate of Authority from the Comptroller of the Currency evidencing a change of the corporate title of the Association. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-74008).
3. Certificate from the Comptroller of the Currency evidencing authority to exercise corporate trust powers and a letter evidencing a change of the corporate title of the Association. (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-74008).
4. Bylaws, as amended of the Trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-74008).
5. N/A
6. Consent of the Trustee required by Section 321(b) of the Act (Exhibit 6 to Registration Statement No. 333-74008).
7. Report of Condition of the Trustee as of December 31, 2011 (Exhibit 1).
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, UMB Bank, National Association, a national banking association 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 St. Louis and the State of Missouri, on the 1st day of March, 2012.
| UMB BANK, NATIONAL ASSOCIATION |
| |
| |
| By: | /s/ Victor Zarrilli |
| | |
| NAME: Victor Zarrilli |
| TITLE: Senior Vice President |
| | | |
EXHIBIT 1
Schedule RC - Balance Sheet
Dollar amounts in thousands
1. Cash and balances due from depository institutions (from Schedule RC-A): | | | | | |
a. Noninterest-bearing balances and currency and coin | | RCON0081 | | 433,134 | |
b. Interest-bearing balances | | RCON0071 | | 1,150,796 | |
2. Securities: | | | | | |
a. Held-to-maturity securities (from Schedule RC-B, column A) | | RCON1754 | | 68,384 | |
b. Available-for-sale securities (from Schedule RC-B, column D) | | RCON1773 | | 4,930,202 | |
3. Federal funds sold and securities purchased under agreements to resell: | | | | | |
a. Federal funds sold | | RCONB987 | | 219,089 | |
b. Securities purchased under agreements to resell | | RCONB989 | | 52,989 | |
4. Loans and lease financing receivables (from Schedule RC-C): | | | | | |
a. Loans and leases held for sale | | RCON5369 | | 10,215 | |
b. Loans and leases, net of unearned income | | RCONB528 | | 3,989,260 | |
c. LESS: Allowance for loan and lease losses | | RCON3123 | | 61,344 | |
d. Loans and leases, net of unearned income and allowance (item 4.b minus 4.c) | | RCONB529 | | 3,927,916 | |
5. Trading assets (from Schedule RC-D) | | RCON3545 | | 38,865 | |
6. Premises and fixed assets (including capitalized leases) | | RCON2145 | | 167,602 | |
7. Other real estate owned (from Schedule RC-M) | | RCON2150 | | 5,767 | |
8. Investments in unconsolidated subsidiaries and associated companies | | RCON2130 | | 0 | |
9. Direct and indirect investments in real estate ventures | | RCON3656 | | 0 | |
10. Intangible assets: | | | | | |
a. Goodwill | | RCON3163 | | 39,816 | |
b. Other intangible assets (from Schedule RC-M) | | RCON0426 | | 13,902 | |
11. Other assets (from Schedule RC-F) | | RCON2160 | | 147,253 | |
12. Total assets (sum of items 1 through 11) | | RCON2170 | | 11,205,930 | |
13. Deposits: | | | | | |
a. In domestic offices (sum of totals of columns A and C from Schedule RC-E) | | RCON2200 | | 8,538,823 | |
1. Noninterest-bearing | | RCON6631 | | 3,375,424 | |
2. Interest-bearing | | RCON6636 | | 5,163,399 | |
b. Not applicable | | | | | |
14. Federal funds purchased and securities sold under agreements to repurchase: | | | | | |
a. Federal funds purchased | | RCONB993 | | 217,839 | |
b. Securities sold under agreements to repurchase | | RCONB995 | | 1,558,060 | |
15. Trading liabilities (from Schedule RC-D) | | RCON3548 | | 0 | |
16. Other borrowed money (includes mortgage indebtedness and obligations under capitalized leases) (from Schedule RC-M) | | RCON3190 | | 6,529 | |
17. Not applicable | | | | | |
18. Not applicable | | | | | |
19. Subordinated notes and debentures | | RCON3200 | | 0 | |
20. Other liabilities (from Schedule RC-G) | | RCON2930 | | 121,856 | |
21. Total liabilities (sum of items 13 through 20) | | RCON2948 | | 10,443,107 | |
22. Not applicable | | | | | |
23. Perpetual preferred stock and related surplus | | RCON3838 | | 0 | |
24. Common stock | | RCON3230 | | 20,254 | |
25. Surplus (exclude all surplus related to preferred stock) | | RCON3839 | | 183,124 | |
26. Not available | | | | | |
a. Retained earnings | | RCON3632 | | 491,375 | |
b. Accumulated other comprehensive income | | RCONB530 | | 68,070 | |
c. Other equity capital components | | RCONA130 | | 0 | |
27. Not available | | | | | |
a. Total bank equity capital (sum of items 23 through 26.c) | | RCON3210 | | 762,823 | |
b. Noncontrolling (minority) interests in consolidated subsidiaries | | RCON3000 | | 0 | |
28. Total equity capital (sum of items 27.a and 27.b) | | RCONG105 | | 762,823 | |
29. Total liabilities and equity capital (sum of items 21 and 28) | | RCON3300 | | 11,205,930 | |
1. Indicate in the box at the right the number of the statement below that best describes the most comprehensive level of auditing work performed for the bank by independent external auditors as of any date during 2010 | | RCON6724 | | NR | |
2. Bank’s fiscal year-end date | | RCON8678 | | NR | |
