Exhibit 25.1
FORM T-1
SECURITIESAND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
STATEMENTOF ELIGIBILITY UNDERTHE TRUST INDENTURE ACTOF 1939
OFA CORPORATION DESIGNATEDTO ACTAS TRUSTEE
CHECKIFAN APPLICATIONTO DETERMINE
ELIGIBILITYOFA TRUSTEE PURSUANTTO SECTION 305(B)(2) ¨
WACHOVIA BANK, NATIONAL ASSOCIATION
(Exact name of trustee as specified in its charter)
United States of America | 22-1147033 | |
(Jurisdiction of incorporation or organization if not a U.S. national bank) | (I.R.S. Employer Identification Number) |
One Wachovia Center 301 South College Street Charlotte, North Carolina | 28288 | |
(Address of principal executive offices) | (Zip code) |
Patrick L. Teague
Wachovia Bank, National Association
NC1179
401 South Tryon Street, 12th Floor
Charlotte, NC 28288- 1179
(704) 374-2080
(Agent for Service)
(Exact name of obligor as specified in its charter) | (State or other | (I.R.S. employer identification no.) | (Address of principal executive offices) | (Zip code) | ||||
American Tire Distributors, Inc. | Delaware | 56-0754594 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
American Tire Distributors Holding, Inc. | Delaware | 59-3796143 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Target Tire, Inc. | North Carolina | 56-0949858 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Texas Market Holdings I, Inc. | Texas | 47-0653723 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Texas Market Tire, Inc. | Texas | 75-2259060 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
The Speed Merchant, Inc. | California | 94-2414221 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 |
(Exact name of obligor as specified in its charter) | (State or other | (I.R.S. employer identification no.) | (Address of principal executive offices) | (Zip code) | ||||
T.O. Haas Holding Co., Inc. | Nebraska | 47-0653723 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
T.O. Haas Tire Co., Inc. | Nebraska | 47-0424109 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 |
Senior Floating Rate Notes due 2012
(Title of the indenture securities)
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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. |
NAME | ADDRESS | |
Board of Governors of the Federal Reserve System | Washington, D.C. | |
Comptroller of the Currency | Washington, D.C. | |
Federal Deposit Insurance Corporation | Washington, D.C. |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
Item 2.Affiliations with the obligor. If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
No responses are included for Items 3 –14 of this Form T-1 because the obligor is not in default as provided under Item 13.
Item 15.Foreign Trustee. Identify the order or rule pursuant to which the foreign trustee is authorized to act as sole trustee under indentures qualified or to be qualified under the Act.
Not applicable.
Item 16.List of Exhibits.
1. | Articles of Association of Wachovia Bank, National Association as now in effect.* |
2. | Certificate of Authority of the trustee to commence business.* |
3. | Copy of the authorization of the trustee to exercise corporate trust powers.* |
4. | Existing bylaws of the trustee.* |
5. | Not applicable. |
6. | The consent of the Trustee required by Section 321(b) of the Act. |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. ** |
8. | Not applicable. |
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9. | Not applicable. |
* | Previously filed with the Securities and Exchange Commission as an Exhibit to Form T-1 in connection with Registration Statement Number 333-54465 incorporated herein by reference. |
** | The report is available over the Internet at the website of the Federal Deposit Insurance Corporation and the report as therein contained is incorporated herein by reference. The website is located at http://www3.fdic.gov/idasp/main.asp. Once at that address, type in “Wachovia Corporation” at the field entitled “Institution Name,” then click on the “Find” field above where the name of the bank has been typed in, then click on the certificate number for Wachovia Corporation (1073551) and then click on the “Generate Report” field. (The trustee is a subsidiary of Wachovia Corporation, a bank holding company.) |
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SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, Wachovia Bank, a national banking association organized and 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 Charlotte, and State of North Carolina, on the 12th day of May, 2005.
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
EXHIBIT 6
Wachovia Bank, National Association, pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended (the “Act”) in connection with the proposed issuance by American Tire Distributors, Inc. of its Senior Floating Rate Notes due 2012, consents that reports of examination by federal, state, territorial, or district authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefore, as contemplated by Section 321(b) of the Act.
Dated: May 12, 2005
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, Wachovia Bank, a national banking association organized and 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 Charlotte, and State of North Carolina, on the 12th day of May, 2005.
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
EXHIBIT 6
Wachovia Bank, National Association, pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended (the “Act”) in connection with the proposed issuance by American Tire Distributors, Inc. of its Senior Floating Rate Notes due 2012, consents that reports of examination by federal, state, territorial, or district authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefore, as contemplated by Section 321(b) of the Act.
Dated: May 12, 2005
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
FORM T-1
SECURITIESAND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
STATEMENTOF ELIGIBILITY UNDERTHE TRUST INDENTURE ACTOF 1939
OFA CORPORATION DESIGNATEDTO ACTAS TRUSTEE
CHECKIFAN APPLICATIONTO DETERMINE
ELIGIBILITYOFA TRUSTEE PURSUANTTO SECTION 305(B)(2) ¨
WACHOVIA BANK, NATIONAL ASSOCIATION
(Exact name of trustee as specified in its charter)
United States of America | 22-1147033 | |
(Jurisdiction of incorporation or organization if not a U.S. national bank) | (I.R.S. Employer Identification Number) |
One Wachovia Center 301 South College Street Charlotte, North Carolina | 28288 | |
(Address of principal executive offices) | (Zip code) |
Patrick L. Teague
Wachovia Bank, National Association
NC1179
401 South Tryon Street, 12th Floor
Charlotte, NC 28288-1179
(704) 374-2080
(Agent for Service)
(Exact name of obligor as | (State or other jurisdiction of incorporation or | (I.R.S. employer | (Address of principal | (Zip code) | ||||
American Tire Distributors Holding, Inc. | Delaware | 59-3796143 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
American Tire Distributors, Inc. | Delaware | 56-0754594 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Target Tire, Inc. | North Carolina | 56-0949858 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Texas Market Holdings I, Inc. | Texas | 47-0653723 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Texas Market Tire, Inc. | Texas | 75-2259060 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
The Speed Merchant, Inc. | California | 94-2414221 | 1220 Herbert Wayne Court Suite 150 Huntersville, NC | 28078 |
(Exact name of obligor as | (State or other jurisdiction of incorporation or | (I.R.S. employer | (Address of principal | (Zip code) | ||||
T.O. Haas Holding Co., Inc. | Nebraska | 47-0653723 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
T.O. Haas Tire Co., Inc. | Nebraska | 47-0424109 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 |
13% Senior Discount Notes due 2013
(Title of the indenture securities)
- 2 -
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. |
NAME | ADDRESS | |
Board of Governors of the Federal Reserve System | Washington, D.C. | |
Comptroller of the Currency | Washington, D.C. | |
Federal Deposit Insurance Corporation | Washington, D.C. |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
Item 2.Affiliations with the obligor. If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
No responses are included for Items 3 – 14 of this Form T-1 because the obligor is not in default as provided under Item 13.
Item 15.Foreign Trustee. Identify the order or rule pursuant to which the foreign trustee is authorized to act as sole trustee under indentures qualified or to be qualified under the Act.
Not applicable.
Item 16.List of Exhibits.
1. | Articles of Association of Wachovia Bank, National Association as now in effect.* |
2. | Certificate of Authority of the trustee to commence business.* |
3. | Copy of the authorization of the trustee to exercise corporate trust powers.* |
4. | Existing bylaws of the trustee.* |
5. | Not applicable. |
6. | The consent of the Trustee required by Section 321(b) of the Act. |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. ** |
8. | Not applicable. |
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9. | Not applicable. |
* | Previously filed with the Securities and Exchange Commission as an Exhibit to Form T- 1 in connection with Registration Statement Number 333-54465 incorporated herein by reference. |
** | The report is available over the Internet at the website of the Federal Deposit Insurance Corporation and the report as therein contained is incorporated herein by reference. The website at located is http://www3.fdic.gov/idasp/main.asp. Once at that address, type in “Wachovia Corporation” at the field entitled “Institution Name,” then click on the “Find” field above where the name of the bank has been typed in, then click on the certificate number for Wachovia Corporation (1073551) and then click on the “Generate Report” field. (The trustee is a subsidiary of Wachovia Corporation, a bank holding company.) |
- 4 -
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, Wachovia Bank, a national banking association organized and 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 Charlotte, and State of North Carolina, on the 12th day of May, 2005.
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
EXHIBIT 6
Wachovia Bank, National Association, pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended (the “Act”) in connection with the proposed issuance by American Tire Distributors Holding, Inc. of its 13% Senior Discount Notes due 2013, consents that reports of examination by federal, state, territorial, or district authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefore, as contemplated by Section 321(b) of the Act.
Dated: May 12, 2005
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, Wachovia Bank, a national banking association organized and 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 Charlotte, and State of North Carolina, on the 12th day of May, 2005.
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
EXHIBIT 6
Wachovia Bank, National Association, pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended (the “Act”) in connection with the proposed issuance by American Tire Distributors Holding, Inc. of its 13% Senior Discount Notes due 2013, consents that reports of examination by federal, state, territorial, or district authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefore, as contemplated by Section 321(b) of the Act.
Dated: May 12, 2005
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
FORM T-1
SECURITIESAND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
STATEMENTOF ELIGIBILITY UNDERTHE TRUST INDENTURE ACTOF 1939
OFA CORPORATION DESIGNATEDTO ACTAS TRUSTEE
CHECKIFAN APPLICATIONTO DETERMINE
ELIGIBILITYOFA TRUSTEE PURSUANTTO SECTION 305(B)(2) ¨
WACHOVIA BANK, NATIONAL ASSOCIATION
(Exact name of trustee as specified in its charter)
United States of America | 22-1147033 | |
(Jurisdiction of incorporation or organization if not a U.S. national bank) | (I.R.S. Employer Identification Number) |
One Wachovia Center 301 South College Street Charlotte, North Carolina | 28288 | |
(Address of principal executive offices) | (Zip code) |
Patrick L. Teague
Wachovia Bank, National Association
NC1179
401 South Tryon Street, 12th Floor
Charlotte, NC 28288-1179
(704) 374-2080
(Agent for Service)
(Exact name of obligor as specified in its charter) | (State or other jurisdiction of incorporation or organization) | (I.R.S. employer identification no.) | (Address of principal executive offices) | (Zip code) | ||||
American Tire Distributors, Inc. | Delaware | 56-0754594 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
American Tire Distributors Holding, Inc. | Delaware | 59-3796143 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Target Tire, Inc. | North Carolina | 56-0949858 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Texas Market Holdings I, Inc. | Texas | 47-0653723 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
Texas Market Tire, Inc. | Texas | 75-2259060 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
The Speed Merchant, Inc. | California | 94-2414221 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 |
(Exact name of obligor as specified in its charter) | (State or other jurisdiction of incorporation or organization) | (I.R.S. employer identification no.) | (Address of principal executive offices) | (Zip code) | ||||
T.O. Haas Holding Co., Inc. | Nebraska | 47-0653723 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 | ||||
T.O. Haas Tire Co., Inc. | Nebraska | 47-0424109 | 1220 Herbert Wayne Court, Suite 150 Huntersville, NC | 28078 |
10 3/4 % Senior Notes due 2013
(Title of the indenture securities)
- 2 -
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. |
NAME | ADDRESS | |
Board of Governors of the Federal Reserve System | Washington, D.C. | |
Comptroller of the Currency | Washington, D.C. | |
Federal Deposit Insurance Corporation | Washington, D.C. |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
Item 2.Affiliations with the obligor. If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
No responses are included for Items 3 –14 of this Form T-l because the obligor is not in default as provided under Item 13.
Item 15.Foreign Trustee. Identify the order or rule pursuant to which the foreign trustee is authorized to act as sole trustee under indentures qualified or to be qualified under the Act.
Not applicable.
Item 16.List of Exhibits.
1. | Articles of Association of Wachovia Bank, National Association as now in effect.* |
2. | Certificate of Authority of the trustee to commence business.* |
3. | Copy of the authorization of the trustee to exercise corporate trust powers.* |
4. | Existing bylaws of the trustee.* |
5. | Not applicable. |
6. | The consent of the Trustee required by Section 321(b) of the Act. |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. ** |
8. | Not applicable. |
- 3 -
9. | Not applicable. |
* | Previously filed with the Securities and Exchange Commission as an Exhibit to Form T-l in connection with Registration Statement Number 333-54465 incorporated herein by reference. |
** | The report is available over the Internet at the website of the Federal Deposit Insurance Corporation and the report as therein contained is incorporated herein by reference. The website is located at http://www3.fdic.gov/idasp/main.asp. Once at that address, type in “Wachovia Corporation” at the field entitled “Institution Name,” then click on the “Find” field above where the name of the bank has been typed in, then click on the certificate number for Wachovia Corporation (1073551) and then click on the “Generate Report” field. (The trustee is a subsidiary of Wachovia Corporation, a bank holding company.) |
- 4 -
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, Wachovia Bank, a national banking association organized and 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 Charlotte, and State of North Carolina, on the 12th day of May, 2005.
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
EXHIBIT 6
Wachovia Bank, National Association, pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended (the “Act”) in connection with the proposed issuance by American Tire Distributors, Inc. of its 10 3/4% Senior Notes due 2013, consents that reports of examination by federal, state, territorial, or district authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefore, as contemplated by Section 321(b) of the Act.
Dated: May 12, 2005
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the trustee, Wachovia Bank, a national banking association organized and 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 Charlotte, and State of North Carolina, on the 12th day of May, 2005.
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |
EXHIBIT 6
Wachovia Bank, National Association, pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended (the “Act”) in connection with the proposed issuance by American Tire Distributors, Inc. of its 10 3/4% Senior Notes due 2013, consents that reports of examination by federal, state, territorial, or district authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefore, as contemplated by Section 321(b) of the Act.
Dated: May 12, 2005
Wachovia Bank, National Association | ||
By: | /s/ Terry Hefner | |
Name: | Terry Hefner | |
Title: | Vice President |