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EXHIBIT 25.1
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FORM T-1
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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
(State of incorporation (I.R.S. employer
if not a U.S. national bank) identification no.)
48 Wall Street, New York, N.Y. 10286
(Address of principal executive offices) (Zip code)
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LITCHFIELD FINANCIAL CORPORATION
(Exact name of obligor as specified in its charter)
Massachusetts 04-3023928
(State or other jurisdiction of (I.R.S. employer
incorporation or organization) identification no.)
430 Main Street
Williamstown, MA 01267
(Address of principal executive offices) (Zip code)
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Notes
(Title of the indenture securities)
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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.
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Name Address
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Superintendent of Banks of the State of 2 Rector Street, New York,
New York N.Y. 10006, and Albany,
N.Y. 12203
Federal Reserve Bank of New York 33 Liberty Plaza, New York,
N.Y. 10045
Federal Deposit Insurance Corporation Washington, D.C. 20429
New York Clearing House Association New York, New York 10005
(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.
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 with Registration Statement No. 33-31019.)
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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.
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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 14th day of July, 1998.
THE BANK OF NEW YORK
By: /S/ MARY JANE SCHMALZEL
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Name: MARY JANE SCHMALZEL
Title: VICE PRESIDENT
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EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK
of 48 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, 1998,
published in accordance with a call made by the Federal Reserve Bank of this
District pursuant to the provisions of the Federal Reserve Act.
ASSETS Dollar Amounts
in Thousands
Cash and balances due from depository institutions:
Non interest-bearing balances and currency and coin ............... $6,397,993
Interest-bearing balances ......................................... 1,138,362
Securities:
Held-to-maturity securities ....................................... 1,062,074
Availabe-for-sale securities ...................................... 4,167,240
Federal funds sold and Securities purchased under
agreements to resell .............................................. 391,650
Loans and lease financing receivables:
Loans and leases, net of unearned income .......................... 36,538,242
LESS: Allowance for loan and lease losses ......................... 631,725
LESS: Allocated transfer risk reserve ............................. 0
Loans and leases, net of unearned income,
allowance and reserve ........................................ 35,906,517
Assets held in trading accounts ......................................... 2,145,149
Premises and fixed assets (including capitalized leases) ................ 653,929
Other real estate owned ................................................. 10,595
Investments in unconsolidated subsidiaries and
associated companies .............................................. 237,991
Customer's liability to this bank on acceptances outstanding ............ 932,747
[?] assets .............................................................. 1,072,517
Owe's assets ............................................................ 1,653,173
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Total assets ............................................................ $55,838,225
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LIABILITIES
Deposits
In domestic offices ............................................... $24,542,354
Non-interest bearing .............................................. 10,011,422
Interest-bearing .................................................. 14,537,632
In foreign offices and Agreement subsidiaries ..................... 15,319,055
Non-interest bearing .............................................. 707,520
Interest-bearing .................................................. 14,617,182
Federal purchases and Securities Subsidiaries sold
under agreements to repurchase .................................... 1,995,055
Demand notes issued to the U.S. Treasury ................................ 215,925
Trading liabilities ..................................................... 1,591,288
Other borrowed money:
With remaining maturity of one year or less ....................... 1,991,119
With remaining maturity of more than one year
through three years .......................................... 0
With remaining maturity of more than three years .................. 25,574
Banks liability of acceptances executed and outstanding ................. 939,145
Subordinated notes and debentures ....................................... 1,314,000
Other liabilities ....................................................... 2,421,251
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Total liabilities ....................................................... 50,631,514
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EQUITY CAPITAL
Common Stock ............................................................ 1,135,284
Surplus ................................................................. 731,319
Undivided profits and capital reserves .................................. 3,328,050
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Net unrealized holding gains (losses) on available-for-sale
securities ........................................................ 40,193
Cumulative foreign currency transition adjustments ...................... (36,129)
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Total equity capital .................................................... 5,199,722
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Total liabilities and equity capital .................................... $55,832,236
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1. Robert E. Keilman Senior Vice President and Controller 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.
Robert E. Keilman
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 )
Alen R. Griffith ) Directors
J. Caner Baco )