THIS CONFORMING PAPER FORMAT DOCUMENT IS BEING SUBMITTED
PURSUANT TO RULE 901(d) OF REGULATION S-T
================================================================================
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) |__|
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)
CalEnergy Capital Trust
(Exact name of obligor as specified in its charter)
Delaware Applied for
(State or other jurisdiction of (I.R.S. employer
incorporation or organization) identification no.)
302 South 36th Street, Suite 400
Omaha, NE 68131
(Address of principal executive offices) (Zip code)
----------------------
Preferred Securities Guarantee
(Title of the indenture securities)
================================================================================
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.
- --------------------------------------------------------------------------------
Name Address
- --------------------------------------------------------------------------------
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.)
-2-
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.
-3-
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 28th day of June, 1996.
THE BANK OF NEW YORK
By: /s/ PAUL J. SCHMALZEL
Name: PAUL J. SCHMALZEL
Title: ASSISTANT TREASURER
-4-
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 December 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 depos-
itory institutions:
Noninterest-bearing balances and
currency and coin ...................................... $ 4,500,312
Interest-bearing balances .............................. 643,938
Securities:
Held-to-maturity securities ............................ 806,221
Available-for-sale securities .......................... 2,036,768
Federal funds sold and securities
purchased under agreements to resell
in domestic offices of the bank:
Federal funds sold ..................................... 4,166,720
Securities purchased under agreements
to resell .............................................. 50,413
Loans and lease financing
receivables:
Loans and leases, net of unearned
income ............................................... 27,068,535
LESS: Allowance for loan and
lease losses ......................................... 520,024
LESS: Allocated transfer risk
reserve .............................................. 1,000
Loans and leases, net of unearned
income and allowance, and reserve .................... 26,547,511
Assets held in trading accounts .......................... 758,462
Premises and fixed assets (including
capitalized leases) .................................... 615,330
Other real estate owned .................................. 63,769
Investments in unconsolidated
subsidiaries and associated
companies .............................................. 223,174
Customers' liability to this bank on
acceptances outstanding ................................ 900,795
Intangible assets ........................................ 212,220
Other assets ............................................. 1,186,274
------------
Total assets ............................................. $ 42,711,907
============
LIABILITIES
Deposits:
In domestic offices .................................... $ 21,248,127
Noninterest-bearing .................................... 9,172,079
Interest-bearing ....................................... 12,076,048
In foreign offices, Edge and
Agreement subsidiaries, and IBFs ....................... 9,535,088
Noninterest-bearing .................................... 64,417
Interest-bearing ....................................... 9,470,671
Federal funds purchased and secu-
rities sold under agreements to re-
purchase in domestic offices of
the bank and of its Edge and
Agreement subsidiaries, and in
IBFs:
Federal funds purchased ................................ 2,095,668
Securities sold under agreements
to repurchase ........................................ 69,212
Demand notes issued to the U.S. ..........................
Treasury ............................................... 107,340
Trading liabilities ...................................... 615,718
Other borrowed money:
With original maturity of one year
or less .............................................. 1,638,744
With original maturity of more than
one year ............................................. 120,863
Bank's liability on acceptances exe-
cuted and outstanding .................................. 909,527
Subordinated notes and debentures ........................ 1,047,860
Other liabilities ........................................ 1,836,573
------------
Total liabilities ........................................ 39,224,720
------------
EQUITY CAPITAL
Common stock ............................................. 942,284
Surplus .................................................. 525,666
Undivided profits and capital
reserves ............................................... 1,995,316
Net unrealized holding gains
(losses) on available-for-sale
securities ............................................. 29,668
Cumulative foreign currency transla-
tion adjustments ....................................... (5,747)
------------
Total equity capital ..................................... 3,487,187
------------
Total liabilities and equity
capital ................................................ $ 42,711,907
============
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 |
-