CONFORMED COPY
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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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CALIFORNIA ENERGY COMPANY, INC.
(Exact name of obligor as specified in its charter)
Delaware 94-2213782
(State or other jurisdiction of (I.R.S. employer
incorporation or organization) identification no.)
302 South 36th Street, Suite 400
Omaha, Nebraska 68131
(Address of principal executive offices) (Zip code)
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% Limited Recourse Senior Secured Notes Due 2003
(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
(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. (See Note on page 3.)
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 Rule 24 of
the Commission's Rules of Practice.
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.
NOTE
Inasmuch as this Form T-1 is 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.
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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 21st day of June, 1995.
THE BANK OF NEW YORK
By: /S/ MARY LAGUMINA
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Name: MARY LAGUMINA
Title: ASSISTANT VICE PRESIDENT
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EXHIBIT 7
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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, 1995,
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
ASSETS IN THOUSANDS
Cash and balances due from depository institutions:
Noninterest-bearing balances and
currency and coin ........................... $ 3,575,856
Interest-bearing balances...................... 747,540
Securities:
Held-to-maturity securities ................... 1,283,688
Available-for-sale securities ................. 1,615,292
Federal funds sold in domestic offices
of the bank ................................. 5,577,896
Loans and lease financing receivables:
Loans and leases, net of unearned
income ........................... 24,763,265
LESS: Allowance for loan and
lease losses ........................ 532,411
LESS: Allocated transfer risk reserve .. 28,558
Loans and leases, net of unearned income,
allowance and reserve ....................... 24,202,296
Assets held in trading accounts ................... 1,502,750
Premises and fixed assets (including
capitalized leases) ........................... 618,958
Other real estate owned ........................... 47,755
Investments in unconsolidated subsidiaries
and associated companies ...................... 184,149
Customers' liability to this bank on acceptances
outstanding ................................... 1,018,696
Intangible assets ................................. 101,149
Other assets ...................................... 1,227,291
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Total assets ...................................... $41,703,316
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LIABILITIES
Deposits:
In domestic offices ........................... $18,543,633
Noninterest-bearing ..................6,949,896
Interest-bearing ....................11,593,737
In foreign offices, Edge and
Agreement subsidiaries, and IBFs .............. 11,303,075
Noninterest-bearing .....................65,927
Interest-bearing ....................11,237,148
Federal funds purchased and securities sold under
agreements to repurchase in domestic offices
of the bank and of its Edge and Agreement
subsidiaries, and in IBFs:
Federal funds purchased ....................... 1,327,537
Securities sold under agreements to
repurchase .................................. 37,400
Demand notes issued to the U.S. Treasury .......... 97,827
Trading liabilities ............................... 1,349,293
Other borrowed money:
With original maturity of one year or less .... 2,027,148
With original maturity of more than one year .. 313,877
Bank's liability on acceptances executed
and outstanding ............................... 1,018,848
Subordinated notes and debentures ................. 1,056,320
Other liabilities ................................. 1,435,093
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Total liabilities ................................. 38,510,051
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EQUITY CAPITAL
Common stock ...................................... 942,284
Surplus ........................................... 525,666
Undivided profits and capital reserves ............ 1,753,592
Net unrealized holding gains (losses) on
available-for-sale securities ................. (22,501)
Cumulative foreign currency translation
adjustments .................................. (5,776)
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Total equity capital .............................. 3,193,265
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Total liabilities and equity capital .............. $41,703,316
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I, Robert E. Keilman, 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.
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.
J. Carter Bacot
Thomas A. Renyi } Directors
Alan R. Griffith