================================================================================
Exhibit 25.01
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) ____
BANK OF MONTREAL TRUST COMPANY
(Exact name of trustee as specified in its charter)
New York 13-4941093
(Jurisdiction of incorporation or organization (I.R.S. employer
if not a U.S. national bank) identification no.)
Wall Street Plaza
88 Pine Street
New York, New York 10005
(Address of principal executive offices) (Zip code)
Mark F. McLaughlin
Bank of Montreal Trust Company
Wall Street Plaza
88 Pine Street, New York, New York 10005
(212) 701-7602
(Name, address and telephone number of agent for service)
____________________________________
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)
Main at Water Street
Coudersport, PA 16915
(Address of principal executive offices)
______________________________________
12% Senior Subordinated Debt Securities due 2007
================================================================================
- 2 -
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.
Federal Reserve Bank of New York
33 Liberty Street, New York N.Y. 10045
State of New York Banking Department
2 Rector Street, New York, N.Y. 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.
------------------------------
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.
-----------------
List below all exhibits filed as part of this statement of eligibility.
Exhibit 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.
Exhibit 4 - 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.
Exhibit 6 -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.
Exhibit 7 - 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 2nd day of March, 1999.
BANK OF MONTREAL TRUST COMPANY
By: /s/ Mark F. McLaughlin
-------------------------
Mark F. McLaughlin
Vice President
EXHIBIT "D"
STATEMENT OF CONDITION
BANK OF MONTREAL TRUST COMPANY
NEW YORK
-----------------------------------
ASSETS
Due From Banks $ 677,400
-----------
Investment Securities:
State & Municipal 16,513,582
Other 100
-----------
Total Securities 16,513,682
Loans and Advances
Federal Funds Sold 20,900,000
Overdrafts 12,169
-----------
Total Loans and Advances 20,912,169
Investment in Harris Trust, NY 8,725,608
Premises and Equipment 475,614
Other Assets 2,636,845
-----------
11,838,067
-----------
TOTAL ASSETS $49,941,318
===========
LIABILITIES $ 8,191,549
16,944,443
Trust Deposits -----------
Other Liabilities 25,135,992
TOTAL LIABILITIES
CAPITAL ACCOUNTS
1,000,000
Capital Stock, Authorized, Issued and 4,222,188
Fully Paid - 10,000 Shares of $100 Each 19,605,350
Surplus (22,212)
Retained Earnings -----------
Equity - Municipal Gain/Loss 24,805,326
-----------
TOTAL CAPITAL ACCOUNTS
$49,941,318
TOTAL LIABILITIES ===========
AND CAPITAL ACCOUNTS
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
June 30, 1998
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. Healy
Steven R. Rothbloom