Exhibit 25.1
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) |
UNION BANK, NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
94-0304228
I.R.S. Employer Identification No.
| | |
400 California Street San Francisco, California | | 94104 |
| (Address of principal executive offices) | | (Zip Code) |
General Counsel
Union Bank of California, National Association
400 California Street
Corporate Trust - 12th Floor
San Francisco, CA 94104
(415) 765-2945
(Name, address and telephone number of agent for service)
PUBLIC SERVICE COMPANY OF NEW MEXICO
(Exact Name of Obligor as Specified in the Charter)
| | |
| New Mexico | | 85-0019030 |
| (State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification No.) |
| |
| Alvarado Square | | |
| Albuquerque, New Mexico | | 87158 |
| (Address of Principal Executive Offices) | | (Zip Code) |
Senior Unsecured Notes
(Title of the indenture securities)
FORM T-1
| 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. |
Office of the Comptroller of the Currency
Washington, D.C. 20219
| | b) | Whether it is authorized to exercise corporate trust powers. |
Trustee is authorized to exercise corporate trust powers.
| Item 2. | AFFILIATIONS WITH OBLIGOR.If the obligor is an affiliate of the Trustee, describe each such affiliation. |
None
In answering this item, the trustee has relied, in part, upon information furnished by the obligor, and the trustee disclaims responsibility for the accuracy or completeness of such information. The trustee has also examined its own books and records for the purpose of answering this item.
| Items 3-15 | Items 3-15 are not applicable because, to the best of the Trustee’s knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee. |
| Item 16. | LIST OF EXHIBITS:List below all exhibits filed as a part of this statement of eligibility and qualification. |
| | 1. | A copy of the Articles of Association of the Trustee.* |
| | 2. | A copy of the certificate of authority of the Trustee to commence business.* |
| | 3. | A copy of the certificate of authority of the Trustee to exercise corporate trust powers.* |
| | 4. | A copy of the existing bylaws of the Trustee.* |
| | 6. | The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939. |
| | 7. | A copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority. |
| * | Incorporated by reference to exhibit of the same number to the trustee’s Form T-1 filed as Exhibit 25.1 to Form S-3 Registration No. 333-165578. |
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SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, Union Bank, National Association, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Los Angeles, State of California on the 6th day of October, 2011.
| | |
| Union Bank, National Association |
| |
| By: | | /s/ Jennifer Earle |
| | Jennifer Earle |
| | Vice President |
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EXHIBIT 6
CONSENT OF THE TRUSTEE
REQUIRED BY SECTION 321(b) OF THE ACT
October 6, 2011
Securities and Exchange Commission
Washington, D.C. 20549
Ladies and Gentlemen:
In connection with the proposed issuance of Senior Notes of Public Service Company of New Mexico the undersigned, in accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, hereby consents that reports of examinations of the undersigned by federal, state, territorial, or district authorities authorized to make such examinations may be furnished by such authorities to the Securities and Exchange Commission upon request therefor.
Sincerely,
Union Bank, National Association
| | |
| |
| By: | | /s/ Jennifer Earle |
| | Jennifer Earle Vice President |
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Exhibit 7
Page 1
Consolidated Report of Condition of
UnionBanCal Corporation and Subsidiaries
of San Francisco in the State of California, at the close of business June 30, 2011, published in response to call made by the Comptroller of the Currency, under Title 12, United States Code, Section 161. Charter 21541
| | | | |
| | | Dollar Amounts
In Millions | |
ASSETS | | | | |
Cash and due from banks | | $ | 1,233 | |
Interest bearing deposits in banks (includes $24 at June 30, 2011 related to consolidated variable interest entities (VIEs)) | | | 2,477 | |
Federal funds sold and securities purchased under resale agreements | | | 78 | |
| | | | |
Total cash and cash equivalents | | | 3,788 | |
Trading account assets: | | | | |
Pledged as collateral | | | 1 | |
Held in portfolio | | | 897 | |
Securites available for sale: | | | | |
Pledged as collateral | | | 340 | |
Held in portfolio | | | 17,758 | |
Securities held to maturity (Fair value: June 30, 2011, $1,610) | | | 1,332 | |
Loans: | | | | |
Loans, excluding Federal Deposit Insurance Corporation (FDIC) covered loans | | | 47,718 | |
FDIC covered loans | | | 1,249 | |
| | | | |
Total loans held for investment | | | 48,967 | |
Allowance for loan losses | | | (826 | ) |
| | | | |
Loans net | | | 48,141 | |
Premises and equipment, net | | | 686 | |
Intangible assets | | | 407 | |
Goodwill | | | 2,447 | |
FDIC indemnification asset | | | 650 | |
Other assets (includes $272 at June 30, 2011 related to consolidated VIEs) | | | 3,646 | |
| | | | |
Total assets | | $ | 80,093 | |
| | | | |
| |
LIABILITIES | | | | |
Deposits: | | | | |
Noninterest bearing | | $ | 17,708 | |
Interest-bearing | | | 39,473 | |
| | | | |
Total deposits | | | 57,181 | |
Commercial paper and other short-term borrowings | | | 2,838 | |
Long-term debt (includes $8 at June 30, 2011 related to consolidated VIEs) | | | 7,069 | |
Trading account liabilities | | | 730 | |
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| | | | |
Other liabilities (includes $2 at June 30, 2011 related to consolidated VIEs) | | | 1,338 | |
| | | | |
Total liabilities | | | 69,156 | |
| | | | |
Commitments, contingencies and guarantees – See Note 13 | | | | |
| |
EQUITY | | | | |
UNBC Stockholder’s Equity: | | | | |
Preferred stock: | | | | |
Authorized 5,000,000 shares; no shares issed of outstanding | | | — | |
Common stock, par value $1 per share: | | | | |
Authorized 300,000,000 shares; 136,330,829 shares issued | | | 136 | |
Additional paid-in capital | | | 5,199 | |
Retained earnings | | | 5,945 | |
Accumulated other comprehensive loss | | | (613 | ) |
| | | | |
Total UNBC stockholder’s equity | | | 10,667 | |
Noncontrolling interests | | | 270 | |
| | | | |
| |
Total equity | | | 10,937 | |
| | | | |
Total liabilities and equity | | $ | 80,093 | |
| | | | |
See accompanying notes to consolidated financial statements.
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