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 III
(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, Nebraska 68131
(Address of principal executive offices) (Zip code)
Convertible Preferred Securities
(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 2 Rector Street, New York,
State of 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 Washington, D.C. 20429
Corporation
New York Clearing House New York, New York 10005
Association
(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.
-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 27th day of January, 1998.
THE BANK OF NEW YORK
By: /s/ JAMES W.P. HALL
-----------------------
Name: JAMES W.P. HALL
Title: VICE PRESIDENT
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EXHIBIT 7
Consolidated Report of Condition of
T H E B A N K O F N E W Y O R K
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 September 30,
1997, 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 .............................. $ 5,004,638
Interest-bearing balances ...................... 1,271,514
Securities:
Held-to-maturity securities ..................... 1,105,782
Available-for-sale securities ................... 3,164,271
Federal funds sold and Securities purchased under
agreements to resell .............................. 5,723,829
Loans and lease financing receivables:
Loans and leases, net of unearned
income .............................. 34,916,196
LESS: Allowance for loan and
lease losses ......................... 581,177
LESS: Allocated transfer
risk reserve ......................... 429
Loans and leases, net of unearned income,
allowance, and reserve ......................... 34,334,590
Assets held in trading accounts ...................... 2,035,284
Premises and fixed assets (including capitalized
leases) ............................................. 671,664
Other real estate owned .............................. 13,306
Investments in unconsolidated subsidiaries and
associated companies ................................ 210,685
Customers' liability to this bank on acceptances
outstanding ......................................... 1,463,446
Intangible assets .................................... 753,190
Other assets ......................................... 1,784,795
---------
Total assets ......................................... $57,536,995
===========
LIABILITIES
Deposits:
In domestic offices ............................. $27,270,824
Noninterest-bearing .................. 12,160,977
Interest-bearing ..................... 15,109,847
In foreign offices, Edge and Agreement
subsidiaries, and IBFs .......................... 14,687,806
Noninterest-bearing .................... 657,479
Interest-bearing ..................... 14,030,327
Federal funds purchased and Securities sold under
agreements to repurchase ............................ 1,946,099
Demand notes issued to the U.S. Treasury ............. 283,793
Trading liabilities .................................. 1,553,539
Other borrowed money:
With remaining maturity of one year or less ..... 2,245,014
With remaining maturity of more than one
year through three years ....................... 0
With remaining maturity of more than three years. 45,664
Bank's liability on acceptances executed and
outstanding ......................................... 1,473,588
Subordinated notes and debentures .................... 1,018,940
Other liabilities .................................... 2,193,031
---------
Total liabilities .................................... 52,718,298
----------
EQUITY CAPITAL
Common stock ......................................... 1,135,284
Surplus .............................................. 731,319
Undivided profits and capital reserves ............... 2,943,008
Net unrealized holding gains (losses) on available-
for-sale securities .................................. 25,428
Cumulative foreign currency translation adjustments .. (16,342)
-------
Total equity capital ................................. 4,818,697
---------
Total liabilities and equity capital ................. $57,536,995
===========
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 |