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EXHIBIT 25.1
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
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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) ____
BANK OF MONTREAL TRUST COMPANY
(Exact name of trustee as specified in its charter)
New York 13-494109
(Jurisdiction of incorporation or organization (I.R.S. employer
if not a US national bank) identification no.)
77 Water Street
New York, New York 10005
(Address of principal executive offices) (Zip code)
Mark F. McLaughlin
Bank of Montreal Trust Company
77 Water Street, New York, NY 10005
(212) 701-7602
(Name, address and telephone number of agent for service)
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HYPERION TELECOMMUNICATIONS, INC.
(Exact name of obligor as specified in its charter)
Delaware 25 -1669404
(State or other jurisdiction of (I.R.S. employer
incorporation or organization) identification number)
Five West Third Street -- P.O. Box 472
Coudersport, PA 16915
(Address of principal executive offices)
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13% Senior Discount Notes Due 2003
(Title of the indenture securities)
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Item 1. General Information.
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Furnish the following information as to the trustee:
(a) Name and address of each examining or supervising authority to
which it is subject.
Federal Reserve Bank of New York
33 Liberty Street, New York NY 10045
State of New York Banking Department
2 Rector Street, New York, NY 10006
(b) Whether it is authorized to exercise corporate trust powers.
The Trustee is authorized to exercise corporate trust powers.
Item 2. Affiliations with the Obligor.
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If the obligor is an affiliate of the trustee, describe each such
affiliation.
The obligor is not an affiliate of the trustee.
Item 16. List of Exhibits.
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List below all exhibits filed as part of this statement of eligibility.
1. Copy of Organization Certificate of Bank of Montreal Trust Company
to transact business and exercise corporate trust powers;
incorporated herein by reference as Exhibit "A" filed with Form T-1
Statement, Registration No. 33-46118.
2. Copy of the existing By-Laws of Bank of Montreal Trust Company;
incorporated herein by reference as Exhibit "B" filed with Form T-1
Statement, Registration No. 33-80928.
3. The consent of the Trustee required by Section 321(b) of the Act;
incorporated herein by reference as Exhibit "C" with Form T-1
Statement, Registration No. 33-46118.
4. A copy of the latest report of condition of Bank of Montreal Trust
Company published pursuant to law or the requirements of its
supervising or examining authority, attached hereto as Exhibit "D".
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939
the Trustee, Bank of Montreal Trust Company, 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 3rd day of June, 1996.
BANK OF MONTREAL TRUST COMPANY
By /s/ Therese Gaballah
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Therese Gaballah
Vice President
EXHIBIT "D"
STATEMENT OF CONDITION
BANK OF MONTREAL TRUST COMPANY
NEW YORK
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ASSETS
Due From Banks $ 1,570,159
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Investment Securities:
State & Municipal 17,025,354
Other 100
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Total Securities 17,025,454
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Loans and Advances
Federal Funds Sold 12,000,000
Overdrafts (336,057)
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Total Loans and Advances 11,663,943
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Investment in Harris Trust, NY 6,656,129
Premises and Equipment 509,422
Other Assets 2,494,863
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TOTAL ASSETS $39,919,970
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LIABILITIES
Trust Deposits $ 9,859,384
Other Liabilities 9,239,409
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TOTAL LIABILITIES 19,098,793
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CAPITAL ACCOUNTS
Capital Stock, Authorized, Issued and
Fully Paid - 10,000 Shares of $100 Each 1,000,000
Surplus 4,222,188
Retained Earnings 15,510,844
Equity - Municipal Gain/Loss 88,145
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TOTAL CAPITAL ACCOUNTS 20,821,177
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TOTAL LIABILITIES
AND CAPITAL ACCOUNTS $39,919,970
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I, Mark F. McLaughlin, Vice President, of the above-named bank do hereby
declare that this Report of Condition is true and correct to the best of my
knowledge and belief.
Mark F. McLaughlin
December 31, 1995
We, the undersigned directors, attest to the correctness of this statement
of resources and liabilities. We declared that it has been examined by us, and
to the best of our knowledge and belief has been prepared in conformance with
the instructions and is true and correct.
Sanjiv Tandon
Kevin O. Healey
Steven R. Rothbloom