Exhibit 25.1
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 TRUST COMPANY AMERICAS
(formerly BANKERS TRUST COMPANY)
(Exact name of trustee as specified in its charter)
NEW YORK | 13-4941247 | |
(Jurisdiction of Incorporation or organization if not a U.S. national bank) | (I.R.S. Employer Identification no.) |
60 WALL STREET NEW YORK, NEW YORK | 10005 | |
(Address of principal executive offices) | (Zip Code) |
Deutsche Bank Trust Company Americas
Attention: Lynne Malina
Legal Department
60 Wall Street, 37th Floor
New York, New York 10005
(212) 250 – 0677
(Name, address and telephone number of agent for service)
TELEFONAKTIEBOLAGET LM ERICSSON
(Exact name of obligor as specified in its charter)
Kingdom of Sweden | Not Applicable | |
(State or other jurisdiction of incorporation or organization) | (IRS Employer Identification No.) |
SE-164 83 Stockholm, Sweden
Tel. No.: +46 10 719 0000
Copies To:
Olof Clausson
Latham & Watkins (London) LLP
99Bishopsgate, London EC2M 3XF
United Kingdom
Tel. No.: +44 207 710 1000
Debt Securities
(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 | |
Federal Reserve Bank (2nd District) | New York, NY | |
Federal Deposit Insurance Corporation | Washington, D.C. | |
New York State Banking Department | Albany, NY |
(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.
Not Applicable.
Item 3. -15. Not Applicable
Item 16. List of Exhibits.
Exhibit 1 - | Restated Organization Certificate of Bankers Trust Company dated August 6, 1998, Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated September 25, 1998, Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated December 16, 1998, and Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated February 27, 2002 - Incorporated herein by reference to Exhibit 1 filed with Form T-1 Statement, Registration No. 333-157637-01. | |
Exhibit 2 - | Certificate of Authority to commence business - Incorporated herein by reference to Exhibit 2 filed with Form T-1 Statement, Registration No. 333-157637-01. | |
Exhibit 3 - | Authorization of the Trustee to exercise corporate trust powers - Incorporated herein by reference to Exhibit 3 filed with Form T-1 Statement, Registration No. 333-157637-01. |
Exhibit 4 - | Existing By-Laws of Deutsche Bank Trust Company Americas, as amended on April 15, 2002 business - Incorporated herein by reference to Exhibit 4 filed with Form T-1 Statement, Registration No. 333-157637-01. | |
Exhibit 5 - | Not applicable. | |
Exhibit 6 - | Consent of Bankers Trust Company required by Section 321(b) of the Act. - business - Incorporated herein by reference to Exhibit 6 filed with Form T-1 Statement, Registration No. 333-157637-01. | |
Exhibit 7 - | The latest report of condition of Deutsche Bank Trust Company Americas dated as of December 31, 2011. Copy attached. | |
Exhibit 8 - | Not Applicable. | |
Exhibit 9 - | Not Applicable. |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Deutsche Bank Trust Company Americas, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of New York, and State of New York, on this 19th day of April, 2012.
DEUTSCHE BANK TRUST COMPANY AMERICAS | ||
By: | Carol Ng | |
Name: | Carol Ng | |
Title: | Vice President |
DEUTSCHE BANK TRUST COMPANY AMERICAS Legal Title of Bank NEW YORK FFIEC 031 City Page RC-1 15 NY 1005 State Zip Code FDIC Certificate Number: 00623 Consolidated Report of Condition for Insured Commercial and State-Chartered Savings Banks for December 31, 2011 All schedules are to be reported in thousands of dollars. Unless otherwise indicated, report the amount outstanding as of the last business day of the quarter. Schedule RC – Balance Sheet Dollar Amounts in Thousands RCFD Tri |Bil|Mil |Thou ASSETS 1. Cash and balances due from depository institutions (from Schedule RD-A): a. Noninterest-bearing balances and currency and coin (1) 0081 147,000 1.a b. Interest-bearing balances (2) 0071 22,393,000 1.b 2. Securities: a. Held-to-maturity securities (from Schedule RD-B, Column A) 1754 0 2.a b. Available-for-sale securities (from Schecule RD-B, column D) 1773 1,104,000 2.b 3. Federal funds sold and securities purchased under agreements to resell: RCON a. Federal funds sold in domestic offices 8987 149,000 3.a RCFD b. Securities purchased under agreements to resell (3) 8989 0 3.b 4. Loans and lease financing receivables (from Schedule RC-C): a. Loans and leases held for sale 5369 0 4.a b. Loand and leases, net of unearned income B528 17,549,000 4.b c. LESS: Allowance for loan and lease losses 3123 93,000 4.c d. Loans and leases, net of unearned income and allowance (item 4.b minus 4.c) B529 17,456,000 4.d 5. Trading assets (from Schedule RC-D) 3545 4,364,000 5 6. Premises and fixed assets (including capitalized leases) 2145 53,000 6 7. Other real estate owned (from Schecule RC-M) 2150 22,000 7 8. Investments in unconsolidated subsidiaries and associated companies 2130 0 8 9. Direct and indirect investments in real estate ventures 3656 0 9 10. Intangible assets: a. Goodwill 3163 0 10.a b. Other Intangible assets (from Schedule RC-M) 0426 51,000 10.b 11. Other assets (from Schedule RC-F) 2160 5,393,000 11 12. Total assets (sum of items 1 through 11) 2170 51,132,000 12 (1) Includes cash items in process of collection and unposted debits. (2) Includes time certificates of deposit not held for trading. (3) Includes all securities resale agreements in domestic and foreign offices, regardless of maturity.
DEUTSCHE BANK TRUST COMPANY AMERICAS FFIEC031 Legal Title of Bank Page RC-1a FDIC Certificate Number: 00623 15a Schedule RC—Continued Dollar Amount in Thousands RC0 LIABILITIES 13. Deposit: RCON a.In domestic offices (sum of totals of columns A and C from Schedule RC-E 2200 23,579,000 13.a (1)Noninterest-bearting(1) 6631 15,122,000 13.a.1 (2)Interest-bearing 6636 8,457,000 13.a.2 b. In foreign offices, Edge and Agreement subsidiaries, and PDF’s RFN (from Schedule RC-E, part II) 2200 10,564,000 13.b (1)Non interest-bearing 6631 6,209,000 13.b.1 (2)Interest-bearing 6636 4,365,000 13.b.2 14. Federal funds purchased and securities sold under agreements to repurchase RCON a. Federal funds purchased in domestic offices (2) 8993 6,130,000 14.a RCFD b. Securities sold under agreements to repurchase (3) 8905 0 14.b 15. Trading liabilities (from Schedule RC=D) 3548 198,000 15 16. Other borrowed money (includes mortage indettaches and obligation Under capitalized leeses) (from Schedule RC-M) 3190 257,000 16 17. and 18, Not aplicanble 19. Subcordinated notes and debentures(4) 3200 0 19 20. Other liabilities (from Schedule RC-G) 2930 1,829,000 20 21. Total liabilities (sum of items 13 through 20) 2948 42,557,000 21 22. Not applicable Includes nonintrest-bearing demand, time, and savings deposits, Report overnight Federal Home Loan Bank advances in Schedule RC, item 16, ‘Other borrowed money Includes all securities repurchase agreements in domestic and foreign offices, regardless of maturity, Includes limited-life preferred stock and related surplus.
DEUTSCHE BANK TRUST COMPANY AMERICAS FFIBC 031 Legal Title of Bank Page RC-2 FDIC Certification Number: 00623 16 EQUITY CAPITAL Bank Equity Capital RCFD 23. Perpetual preferred stock and related surplus 3838 0 23 24. Common stock 3230 2,127,000 24 25. Surplus (excludes all surplus related to preferred stock) 3839 595,000 25 26. a. Retained earnings - 8632 5,625,000 26.a b. Accumulated other comprehensive income (6) - 8530 17,000 26.b c. Other equity capital components (6) - A130 0 26.c 27.a. Total bank equity capital (sum of items 23 through 26c)- 3210 8,364,000 27.a b. Non controlling (minority) interests in consolidated subsidiaries 3000 211,000 27.b 28. Total equity capital (sum of items 27.a and 27.b) 0105 8,575,000 28 29. Total liabilities and equity capital (sum of items 21 and 28) 3300 51,132,000 29 Memoranda To be reported with the March Report of Condition. 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 RCFD Number 4734 N/A M.1 1 – Independent audit of the bank conducted in accordance with generally accepted auditing standards by a certified public accounting firm which submits a report on the bank. 2 – Independent audit of the bank’s parent holding company conducted in accordance with generally accepted auditing standards by a certified public accounting firm which submits a report on the consolidated holding company (but not on the bank separately) 3 – Attestation on bank management’s assertion on the effectiveness of the bank’s internal control over financial reporting by a certified public accounting firm. 4 – Director’s examination of the bank conducted in accordance with generally accepted auditing standards by a certified public accounting firm (may be required by state chartering authority) 5 – Directors’ examination of the bank performed by other external auditors (may be required by state chartering authority) 6 – Review of the bank’s financial statements by external auditors 7 – Compilation of the bank’s financial statements by external auditors 8 – Other audit procedures (excluding tax preparation work) 9 – No external audit work To be reported with the March Report of Condition. RCON MM/DD 8673 N/A (5) Includes net unrealized holding gains (losses) on available-for-sale securities, accumulated net gains (losses) on cash flow hedges, cumulative foreign currency translation adjustments, and minimum pension liability adjustments. (6) Includes treasury stock and unearned Employee Stock Ownership Plan shares.