Exhibit 25.5
UNITED STATES
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)
DEUTSCHE BANK NATIONAL TRUST COMPANY
(Exact name of trustee as specified in its charter)
| | 74-2440850 |
(Jurisdiction of Incorporation or | | (I.R.S. Employer |
organization if not a U.S. national bank) | | Identification no.) |
| | |
300 South Grand Avenue | | |
Los Angeles, California | | 90071 |
(Address of principal | | (Zip Code) |
executive offices) | | |
DUKE ENERGY INDIANA, INC.
(Exact name of obligor as specified in its charter)
Indiana | | 35-0594457 |
(State or other jurisdiction | | (IRS Employer Identification No.) |
of incorporation or organization) | | |
1000 East Main Street
Plainfield, Indiana 46168
(Address and Zip Code of principal executive offices)
First Mortgage Bonds
(Title of the Indenture securities)
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 |
| | |
Office of the Comptroller of the Currency | | 1114 Avenue of the Americas |
| | Suite 3900 |
| | New York, New York 10036 |
(b) | | Whether it is authorized to exercise corporate trust powers. |
| | Yes. |
Item 2. Affiliations with Obligor.
If the obligor is an affiliate of the Trustee, describe each such affiliation.
None.
Item 3. -15. Not Applicable
Item 16. List of Exhibits.
Exhibit 1 - Articles of Association as amended on April 15, 2002 — Incorporated herein by reference to Exhibit 1 filed with Form T-1 Statement, June 13, 2007, Registration No. 333-51609.
Exhibit 2 - Certificate of the Comptroller of the Currency dated February 6, 2007 - Incorporated herein by reference to Exhibit 2 filed with Form T-1 Statement, June 13, 2007, Registration No. 333-51609.
Exhibit 3 - Certification of Fiduciary Powers dated February 6, 2007 - Incorporated herein by reference to Exhibit 3 filed with Form T-1 Statement, June 13, 2007, Registration No. 333-51609.
Exhibit 4 - Existing By-Laws of Deutsche Bank National Trust Company, as amended, dated May 21, 2003 - Incorporated herein by reference to Exhibit 4 filed with Form T-1 Statement, June 13, 2007, Registration No. 333-51609.
2
Exhibit 5 - Not applicable.
Exhibit 6 - Consent of Deutsche Bank National Trust Company required by Section 321(b) of the Act.
Exhibit 7 - The latest report of condition of Deutsche Bank National Trust Company dated as of June 30, 2010. Copy attached.
3
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Deutsche Bank National Trust Company, a national banking association, organized and existing 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 Chicago, and State of Illinois, on this 29th day of September, 2010.
| DEUTSCHE BANK NATIONAL TRUST COMPANY |
| |
| |
| By: | /s/ Victoria Y. Douyon |
| | Victoria Y. Douyon, Vice President |
| | | |
4
EXHIBIT 6
September 29, 2010
Securities and Exchange Commission
Washington, D.C. 20549
Gentlemen:
Pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, as amended, in connection with the proposed issue of Duke Energy Indiana, Inc. First Mortgage Bonds, we hereby consent that reports of examination by Federal, State, Territorial, or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
| |
| Very truly yours, |
| |
| DEUTSCHE BANK NATIONAL TRUST COMPANY |
| |
| |
| /s/ Victoria Y. Douyon |
| Victoria Y. Douyon, Vice President |
5
Exhibit 7
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 | | 0 | |
b. Interest-bearing balances | | RCON0071 | | 26,891 | |
2. Securities: | | | | | |
a. Held-to-maturity securities (from Schedule RC-B, column A) | | RCON1754 | | 0 | |
b. Available-for-sale securities (from Schedule RC-B, column D) | | RCON1773 | | 96,759 | |
3. Federal funds sold and securities purchased under agreements to resell: | | | | | |
a. Federal funds sold | | RCONB987 | | 0 | |
b. Securities purchased under agreements to resell | | RCONB989 | | 0 | |
4. Loans and lease financing receivables (from Schedule RC-C): | | | | | |
a. Loans and leases held for sale | | RCON5369 | | 0 | |
b. Loans and leases, net of unearned income | | RCONB528 | | 0 | |
c. LESS: Allowance for loan and lease losses | | RCON3123 | | 0 | |
d. Loans and leases, net of unearned income and allowance (item 4.b minus 4.c) | | RCONB529 | | 0 | |
5. Trading assets (from Schedule RC-D) | | RCON3545 | | 0 | |
6. Premises and fixed assets (including capitalized leases) | | RCON2145 | | 2,047 | |
7. Other real estate owned (from Schedule RC-M) | | RCON2150 | | 0 | |
8. Investments in unconsolidated subsidiaries and associated companies | | RCON2130 | | 0 | |
9. Direct and indirect investments in real estate ventures | | RCON3656 | | 0 | |
10. Intangible assets: | | | | | |
Dollar amounts in thousands
a. Goodwill | | RCON3163 | | 0 | |
b. Other intangible assets (from Schedule RC-M) | | RCON0426 | | 0 | |
11. Other assets (from Schedule RC-F) | | RCON2160 | | 35,038 | |
12. Total assets (sum of items 1 through 11) | | RCON2170 | | 160,735 | |
13. Deposits: | | | | | |
a. In domestic offices (sum of totals of columns A and C from Schedule RC-E) | | RCON2200 | | 0 | |
1. Noninterest-bearing | | RCON6631 | | 0 | |
2. Interest-bearing | | RCON6636 | | 0 | |
b. Not applicable | | | | | |
14. Federal funds purchased and securities sold under agreements to repurchase: | | | | | |
a. Federal funds purchased | | RCONB993 | | 0 | |
b. Securities sold under agreements to repurchase | | RCONB995 | | 0 | |
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 | | 0 | |
17. Not applicable | | | | | |
18. Not applicable | | | | | |
19. Subordinated notes and debentures | | RCON3200 | | 0 | |
20. Other liabilities (from Schedule RC-G) | | RCON2930 | | 24,608 | |
21.Total liabilities (sum of items 13 through 20) | | RCON2948 | | 24,608 | |
22. Not applicable | | | | | |
23. Perpetual preferred stock and related surplus | | RCON3838 | | 0 | |
24. Common stock | | RCON3230 | | 50,000 | |
25. Surplus (exclude all surplus related to preferred stock) | | RCON3839 | | 49,869 | |
26. Not available | | | | | |
a. Retained earnings | | RCON3632 | | 36,141 | |
b. Accumulated other comprehensive income | | RCONB530 | | 117 | |
c. Other equity capital components | | RCONA130 | | 0 | |
27. Not available | | | | | |
a. Total bank equity capital (sum of items 23 through 26.c) | | RCON3210 | | 136,127 | |
b. Noncontrollng (minority) interests in consolidated subsidiaries | | RCON3000 | | 0 | |
28. Total equity capital (sum of items 27.a and 27.b) | | RCONG105 | | 136,127 | |
29. Total liabilities and equity capital (sum of items 21 and 28) | | RCON3300 | | 160,735 | |
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 2009 | | RCON6724 | | NR | |
2. Bank’s fiscal year-end date | | RCON8678 | | NR | |
