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) |
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
| 95-3571558 | ||
(State of incorporation if not a U.S. national bank) | (I.R.S. employer identification no.) | |
700 South Flower Street Suite 500 Los Angeles, California | 90017 | |
| (Address of principal executive offices) | (Zip code) | |
Evelyn T. Furukawa
400 South Hope Street
Mellon Bank Center
Los Angeles, California 90071
213.630.6463
(Name, address and telephone number of agent for service)
TEMPUR SEALY INTERNATIONAL, INC.
(Exact name of obligor as specified in its charter)
| Delaware | 33-1022198 | |
(State or other jurisdiction of incorporation or organization) | (I.R.S. employer identification no.) | |
1000 Tempur Way Lexington, Kentucky | 40511 | |
| (Address of principal executive offices) | (Zip code) | |
6.875% Senior Notes
Guarantees of the 6.875% Senior Notes
(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 | San Francisco, California 94105 | |
| 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.
| 3-15. | Not applicable. |
| 16. | List of Exhibits. |
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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| 1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A. (Exhibit 1 to Form T-1 filed as Exhibit 25.1 to the Registration Statement on Form S-3 File No. 333-121948 and Exhibit 1 to Form T-1 filed as Exhibit 25.1 to the Registration Statement on Form S-3 No. 333-152875). |
| 2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed as Exhibit 25.1 to the Registration Statement on Form S-3 File No. 333-152875). |
| 3. | A copy of the authorization of the trustee to exercise corporate trust powers. (Exhibit 3 to Form T-1 filed as Exhibit 25.1 to the Registration Statement on Form S-3 File No. 333-152875). |
| 4. | A copy of the existing by-laws of the trustee. (Exhibit 4 to Form T-1 filed as Exhibit 25.1 to the Registration Statement on Form S-3 File No. 333-152875). |
| 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. |
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a 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 Chicago, and State of Illinois, on the day of May, 2013.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | ||
| By: | / | |
| Name: | ||
| Title: | ||
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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, and in connection with the proposed issue of Comstock Resources, Inc., The Bank of New York Mellon 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 therefore.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | ||
By: | ||
Chicago, Illinois
, 2013