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Exhibit 25.B
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
THE BANK OF NEW YORK TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(State of incorporation if not a U.S. national bank) | 59-2283428 (I.R.S. employer identification no.) | |||
800 Brickell Avenue Suite 300 Miami, Florida (Address of principal executive offices) | 33131 (Zip code) |
The Bank of New York Trust Company, N.A.
10161 Centurion Parkway
Jacksonville, Florida 32256
Attn: Derek Kettel
(904) 998-4716
(Name, address, and telephone number of agent for service)
The Cincinnati Gas & Electric Company
(Exact name of obligor as specified in its charter)
Ohio (State or other jurisdiction of incorporation or organization) | 31-0240030 (I.R.S. employer identification no.) | |||
139 East Fourth Street Cincinnati, Ohio (Address of principal executive offices) | 45202 (Zip code) |
Unsecured Debt Securities
(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.
Name | Address | |
---|---|---|
Comptroller of the Currency United States Department of the Treasury | Washington, D.C. 20219 | |
Federal Reserve Bank | Atlanta, Georgia 30309 | |
Federal Deposit Insurance Corporation | Washington, D.C. 20429 |
- (b)
- Whether it is authorized to exercise corporate trust powers.
Yes.
- 2.
- Affiliations with Obligor.
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
- 16.
- List of Exhibits.
- 1.
- A copy of the articles of association of The Bank of New York Trust Company of Florida, N.A. (incorporated herein by reference to Exhibit 1 to Exhibit 25.1 to Swift & Company's Registration Statement on Form S-4 filed with the Commission October 24, 2002 (Commission file no. 333-100717)).
- 2.
- A copy of certificate of authority of the trustee to commence business. (incorporated herein by reference to Exhibit 2 to Exhibit 25.1 to Swift & Company's Registration Statement on Form S-4 filed with the Commission October 24, 2002 (Commission file no. 333-100717)).
- 3.
- A copy of the authorization of the trustee to exercise corporate trust powers. (incorporated herein by reference to Exhibit 3 to Exhibit 25.1 to Swift & Company's Registration Statement on Form S-4 filed with the Commission October 24, 2002 (Commission file no. 333-100717)).
- 4.
- A copy of the existing by-laws of the trustee. (incorporated herein by reference to Exhibit 4 to Exhibit 25.1 to Swift & Company's Registration Statement on Form S-4 filed with the Commission October 24, 2002 (Commission file no. 333-100717)).
- 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.
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act") and 17 C.F.R. 229.10(d).
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Pursuant to the requirements of the Act, the trustee, The Bank of New York Trust Company, N.A., a corporation 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 Cincinnati, and State of Ohio, on the 4th day of February, 2004.
THE BANK OF NEW YORK TRUST COMPANY, N.A. | ||
By: | /s/ CHRISTINE SCHAUB | |
Name: | Christine Schaub | |
Title: | Vice President of Fifth Third Bank, on behalf of The Bank of New York Trust Company, N.A. by Power of Attorney dated January, 2004 |
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EXHIBIT 6
CONSENT OF THE TRUSTEE
Pursuant to the requirements of Section 321 (b) of the Trust Indenture Act of 1939, The Bank of New York Trust Company, N.A., hereby consents that reports of examinations by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefor.
THE BANK OF NEW YORK TRUST COMPANY, N.A. | ||
By: | /s/ CHRISTINE SCHAUB | |
Name: | Christine Schaub | |
Title: | Vice President of Fifth Third Bank, on behalf of The Bank of New York Trust Company, N.A. by Power of Attorney dated January, 2004 |
Cincinnati, Ohio
February 4, 2004
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EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK TRUST COMPANY, N.A.
of 800 Brickell Avenue, Suite 300, Miami, FL 33131
At the close of business September 30, 2003, published in accordance with Federal regulatory authority instructions.
| Dollar Amounts in Thousands | |||
---|---|---|---|---|
ASSETS | ||||
Cash and balances due from depository institutions: | ||||
Noninterest-bearing balances and currency and coin | $ | 4,012 | ||
Interest-bearing balances | 5,599 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale securities | 8,626 | |||
Federal funds sold and securities purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, net of unearned income | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases, net of unearned income and allowance and reserve | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 1,254 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Customers' liability to this bank on acceptances outstanding | 0 | |||
Intangible assets | ||||
Goodwill | 15,127 | |||
Other Intangible Assets | 494 | |||
Other assets | 1,084 | |||
Total assets | $ | 36,196 | ||
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LIABILITIES | ||||
Deposits: | ||||
In domestic offices | $ | 0 | ||
Noninterest-bearing | 0 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities sold under agreements to repurchased: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 6,000 | |||
Bank's liability on acceptances executed and outstanding | 0 | |||
Subordinated notes and debentures | 0 | |||
Other liabilities | 3,635 | |||
Total liabilities | 9,635 | |||
Minority interest in consolidated subsidiaries | 0 | |||
EQUITY CAPITAL | ||||
Common stock | 750 | |||
Surplus | 4,299 | |||
Retained earnings | 21,510 | |||
Accumulated other comprehensive income | 2 | |||
Other equity capital components | 0 | |||
Total equity capital | 26,561 | |||
Total liabilities and equity capital | $ | 36,196 | ||
I, Thomas J. Mastro, Comptroller of the above-named bank do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.
Thomas J. Mastro | ) | Comptroller |
We, the undersigned directors, attest to the correctness of this Report of Condition and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Richard G. Jackson | ) | |||
Nicholas C. English | ) | Directors | ||
Karen B. Shupenko | ) |
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SIGNATURE
Consolidated Report of Condition of THE BANK OF NEW YORK TRUST COMPANY, N.A. of 800 Brickell Avenue, Suite 300, Miami, FL 33131