Exhibit 25.1
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
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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)
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THE BANK OF NEW YORK
(Exact name of trustee as specified in its charter)
New York 13-5160382
(Jurisdiction of incorporation (I.R.S. Employer
if not a U.S. national bank) Identification No.)
One Wall Street, New York, New York 10286
(Address of principal executive offices) (Zip code)
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ARCH WESTERN FINANCE, LLC*
(Exact name of obligor as specified in its charter)
Delaware 43-1811130
(State or other jurisdiction (I.R.S. Employer
of incorporation or organization) Identification No.)
One CityPlace Drive, Suite 300
St. Louis, Missouri 63141
(Address of principal executive offices) (Zip code)
*See Additional Registrants below.
ARCH WESTERN RESOURCES, LLC
(Exact name of obligor as specified in its charter)
Delaware 43-1811130
(State or other jurisdiction (I.R.S. Employer
of incorporation or organization) Identification No.)
One CityPlace Drive, Suite 300
St. Louis, Missouri 63141
(Address of principal executive offices) (Zip code)
ARCH OF WYOMING, LLC
(Exact name of obligor as specified in its charter)
Delaware 43-1811130
(State or other jurisdiction (I.R.S. Employer
of incorporation or organization) Identification No.)
One CityPlace Drive, Suite 300
St. Louis, Missouri 63141
(Address of principal executive offices) (Zip code)
MOUNTAIN COAL COMPANY, L.L.C.
(Exact name of obligor as specified in its charter)
Delaware 43-1811130
(State or other jurisdiction (I.R.S. Employer
of incorporation or organization) Identification No.)
One CityPlace Drive, Suite 300
St. Louis, Missouri 63141
(Address of principal executive offices) (Zip code)
THUNDER BASIN COAL COMPANY, L.L.C.
(Exact name of obligor as specified in its charter)
Delaware 43-1811130
(State or other jurisdiction (I.R.S. Employer
of incorporation or organization) Identification No.)
One CityPlace Drive, Suite 300
St. Louis, Missouri 63141
(Address of principal executive offices) (Zip code)
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6-3/4% SENIOR NOTES DUE 2013
(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.
Superintendent of Banks of the 2 Rector Street, New York, N.Y. 10006
State of New York and Albany, N.Y. 12203
Federal Reserve Bank of New York 33 Liberty Plaza, New York, N.Y. 10045
Federal Deposit Insurance Corporation 550 17th Street, N.W., Washington, D.C. 20429
New York Clearing House Association New York, N.Y. 10005
(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. (See Note on page 2.)
ITEM 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).
1. - A copy of the Organization Certificate of The Bank of
New York (formerly Irving Trust Company) as now in
effect, which contains the authority to commence business
and a grant of powers to exercise corporate trust powers.
(Exhibit 1 to Amendment No. 1 to Form T-1 filed with
Registration Statement No. 33-6215, Exhibits 1a and 1b to
Form T-1 filed with Registration Statement No. 33-21672
and Exhibit 1 to Form T-1 filed with Registration
Statement No. 33-29637.)
4. - A copy of the existing By-laws of the Trustee. (Exhibit
4 to Form T-1 filed as Exhibit 25(a) to Registration
Statement No. 333-102200.)
6. - The consent of the Trustee required by Section 321(b)
of the Act. (Exhibit 6 to Form T-1 filed with
Registration Statement No. 33-44051.)
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.
NOTE
Inasmuch as this Form T-1 is being filed prior to the
ascertainment by the Trustee of all facts on which to base a responsive answer
to Item 2, the answer to said Item is based on incomplete information.
Item 2 may, however, be considered as correct unless amended by
an amendment to this Form T-1.
SIGNATURE
Pursuant to the requirements of the Act, the Trustee, The Bank of
New York, 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 the 29th day of July 2003.
THE BANK OF NEW YORK
By: /s/ ROBERT A. MASSIMILLO
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Name: Robert A. Massimillo
Title: Vice President
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EXHIBIT 7
(Page 1 of 3)
Consolidated Report of Condition of
THE BANK OF NEW YORK
of One Wall Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System, at the close of business March 31, 2003,
published in accordance with a call made by the Federal Reserve Bank of this
District pursuant to the provisions of the Federal Reserve Act.
Dollar Amounts
In Thousands
ASSETS
Cash and balances due from depository institutions:
Noninterest-bearing balances and currency and coin.. $4,389,492
Interest-bearing balances........................... 3,288,212
Securities:
Held-to-maturity securities......................... 654,763
Available-for-sale securities....................... 17,626,360
Federal funds sold in domestic offices................. 1,759,600
Securities purchased under agreements to
resell.............................................. 911,600
Loans and lease financing receivables:
Loans and leases held for sale................ 724,074
Loans and leases, net of unearned
income...............32,368,718
LESS: Allowance for loan and
lease losses............826,505
Loans and leases, net of unearned
income and allowance.............................. 31,542,213
Trading Assets......................................... 7,527,662
Premises and fixed assets (including capitalized
leases)............................................. 825,706
Other real estate owned................................ 164
Investments in unconsolidated subsidiaries and
associated companies................................ 260,940
Customers' liability to this bank on acceptances
outstanding......................................... 225,935
Intangible assets......................................
Goodwill............................................ 2,027,675
Other intangible assets............................. 75,330
Other assets........................................... 4,843,295
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Total assets........................................... $76,683,021
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EXHIBIT 7
(Page 2 of 3)
LIABILITIES
Deposits:
In domestic offices................................. $33,212,852
Noninterest-bearing.......................12,997,086
Interest-bearing..........................20,215,766
In foreign offices, Edge and Agreement
subsidiaries, and IBFs............................ 24,210,507
Noninterest-bearing..........................595,520
Interest-bearing..........................23,614,987
Federal funds purchased in domestic
offices........................................... 375,322
Securities sold under agreements to repurchase......... 246,755
Trading liabilities.................................... 2,335,466
Other borrowed money:
(includes mortgage indebtedness and obligations
under capitalized leases)....... 959,997
Bank's liability on acceptances executed and
outstanding......................................... 227,253
Subordinated notes and debentures...................... 2,090,000
Other liabilities...................................... 5,716,796
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Total liabilities...................................... $69,374,948
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Minority interest in consolidated
subsidiaries...................................... 540,772
EQUITY CAPITAL
Perpetual preferred stock and related
surplus........................................... 0
Common stock........................................... 1,135,284
Surplus................................................ 1,056,295
Retained earnings...................................... 4,463,720
Accumulated other comprehensive income......... 112,002
Other equity capital components..................... 0
Total equity capital................................... 6,767,301
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Total liabilities minority interest and equity capital. $76,683,021
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EXHIBIT 7
(Page 3 of 3)
I, Thomas J. Mastro, Senior Vice President and 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 Board of Governors of the
Federal Reserve System and is true to the best of my knowledge and belief.
Thomas J. Mastro,
Senior Vice President and 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 Board of Governors of the Federal Reserve System and is true and
correct.
Thomas A. Renyi --- Directors
Gerald L. Hassell |
Alan R. Griffith |
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