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) o
U.S. BANK NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
31-0841368
I.R.S. Employer Identification No.
800 Nicollet Avenue Minneapolis, MN | | 55402 |
(Address of principal executive offices) | | (Zip Code) |
Seth Dodson
U.S. Bank National Association
950 17th Street, 12th Floor
Denver, CO 80202
Telephone (303) 585-4591
(Name, address and telephone number of agent for service)
Cimarex Energy Co.
(Exact name of Registrant as specified in its charter)
Delaware | | 45-0466694 |
(State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification No.) |
| | |
1700 Lincoln Street, Suite 1800 Denver, Colorado | | 80203 |
(Address of Principal Executive Offices) | | (Zip Code) |
Debt 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.
Item 2. AFFILIATIONS WITH OBLIGOR.If the obligor is an affiliate of the Trustee, describe each such affiliation.
None
Items 3-15The 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.
- 7.
- Report of Condition of the Trustee as of June 30, 2003, published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.
- 8.
- Not applicable.
- 9.
- Not applicable.
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, 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 and County of Denver, State of Colorado on the 10th day of April, 2007.
| | U.S. BANK NATIONAL ASSOCIATION |
| | By: | | /s/ S. DODSON
|
| | Title: | | Vice President |
Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 12/31/2006
U.S. Bancorp
Consolidated Ending Balance Sheet
(Dollars in Millions)
| | December 31, 2006
| | December 31, 2005
| |
---|
Assets | | | | | | | |
Cash and due from banks | | $ | 8,639 | | $ | 8,004 | |
Investment securities | | | | | | | |
| Held-to-maturity | | | 87 | | | 109 | |
| Available-for-sale | | | 40,030 | | | 39,659 | |
Loans held for sale | | | 3,256 | | | 3,030 | |
Loans | | | | | | | |
| Commercial | | | 46,190 | | | 42,942 | |
| Commercial real estate | | | 28,645 | | | 28,463 | |
| Residential mortgages | | | 21,285 | | | 20,730 | |
| Retail | | | 47,477 | | | 44,327 | |
| |
| |
| |
| | Total loans | | | 143,597 | | | 136,462 | |
| | | Less allowance for loan losses | | | (2,022 | ) | | (2,041 | ) |
| |
| |
| |
| | | Net loans | | | 141,575 | | | 134,421 | |
Premises and equipment | | | 1,835 | | | 1,841 | |
Goodwill | | | 7,538 | | | 7,005 | |
Other intangible assets | | | 3,227 | | | 2,874 | |
Other assets | | | 13,045 | | | 12,522 | |
| |
| |
| |
| | | Total assets | | $ | 219,232 | | $ | 209,465 | |
| |
| |
| |
Liabilities and Shareholders' Equity | | | | | | | |
Deposits | | | | | | | |
Noninterest-bearing | | $ | 32,128 | | $ | 32,214 | |
| Interest-bearing | | | 70,330 | | | 70,024 | |
| Time deposits greater than $100,000 | | | 22,424 | | | 22,471 | |
| |
| |
| |
| | Total deposits | | | 124,882 | | | 124,709 | |
Short-term borrowings | | | 26,933 | | | 20,200 | |
Long-term debt | | | 37,602 | | | 37,069 | |
Other liabilities | | | 8,618 | | | 7,401 | |
| |
| |
| |
| | Total liabilities | | | 198,035 | | | 189,379 | |
Shareholders' equity | | | | | | | |
| Preferred stock | | | 1,000 | | | — | |
| Common stock | | | 20 | | | 20 | |
| Capital surplus | | | 5,762 | | | 5,907 | |
| Retained earnings | | | 21,242 | | | 19,001 | |
| Less treasury stock | | | (6,091 | ) | | (4,413 | ) |
| Other comprehensive income | | | (736 | ) | | (429 | ) |
| |
| |
| |
| | Total shareholders' equity | | | 21,197 | | | 20,086 | |
| |
| |
| |
| | Total liabilities and shareholders' equity | | $ | 219,232 | | $ | 209,465 | |
| |
| |
| |
To the best of the undersigned's determination, as of the date hereof, the financial information contain in Exhibit 7 is true and correct.
U.S. Bank National Association | | |
By: | | /s/ S. DODSON
| | |
| | Vice President | | |
Date: | | April 10th, 2007 | | |