Exhibit 25.1

 


 

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

if not a U.S. national bank)

     

(I.R.S. employer

identification no.)

One Wall Street

New York, New York

      10286
(Address of principal executive offices)       (Zip code)

 


 

BANK OF AMERICA CORPORATION

(Exact name of obligor as specified in its charter)

 

Delaware       56-0906609

(State or other jurisdiction of

incorporation or organization)

     

(I.R.S. employer

identification no.)

Bank of America Corporate Center

100 North Tryon Street

Charlotte, North Carolina

     

28255

(Zip code)

(Address of principal executive offices)        

 


 

DEBT 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 State of

New York

 

2 Rector Street, 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, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195.)

 

  4. A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121195.)

 

  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. 333-106702.)

 

  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 Jacksonville, and State of Florida, on the 30th day of December, 2005.

 

THE BANK OF NEW YORK
By:  

/S/ Derek Kettel


Name:   Derek Kettel
Title:   Agent

 

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EXHIBIT 7 TO FORM T-1

 

Consolidated Report of Condition of

THE BANK OF NEW YORK

of One 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, 2005, 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
in Thousands


ASSETS

      

Cash and balances due from depository institutions:

      

Noninterest-bearing balances and currency and coin

   $ 3,223,000

Interest-bearing balances

     6,428,000

Securities:

      

Held-to-maturity securities

     2,071,000

Available-for-sale securities

     22,899,000

Federal funds sold and securities purchased under agreements to resell:

      

Federal funds sold in domestic offices

     1,783,000

Securities purchased under agreements to resell

     271,000

Loans and lease financing receivables:

      

Loans and leases held for sale

     0

Loans and leases, net of unearned income

     34,349,000

LESS: Allowance for loan and lease losses

     557,000

Loans and leases, net of unearned income and allowance

     33,792,000

Trading assets

     5,761,000

Premises and fixed assets (including capitalized leases)

     801,000

Other real estate owned

     0

Investments in unconsolidated subsidiaries and associated companies

     288,000

Customers’ liability to this bank on acceptances outstanding

     106,000

Intangible assets

      

Goodwill

     2,158,000

Other Intangible Assets

     765,000

Other assets

     5,391,000
    

Total assets

   $ 85,737,000
    

 

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LIABILITIES

      

Deposits:

      

In domestic offices

   $ 35,878,000

Noninterest-bearing

     16,458,000

Interest-bearing

     19,420,000

In foreign offices, Edge and Agreement subsidiaries, and IBFs

     26,474,000

Noninterest-bearing

     448,000

Interest-bearing

     26,026,000

Federal funds purchased and securities sold under agreements to repurchased:

      

Federal funds purchased in domestic offices

     3,200,000

Securities sold under agreements to repurchase

     101,000

Trading liabilities

     2,914,000

Other borrowed money: (includes mortgage indebtedness and obligations under capitalized leases)

     1,247,000

Bank’s liability on acceptances executed and outstanding

     108,000

Subordinated notes and debentures

     1,440,000

Other liabilities

     6,119,000
    

Total liabilities

     77,481,000
    

Minority interest in consolidated subsidiaries

     141,000

EQUITY CAPITAL

      

Common stock

     1,135,000

Surplus

     2,092,000

Retained earnings

     4,976,000

Accumulated other comprehensive income

     -88,000

Other equity capital components

     0
    

Total equity capital

     8,115,000
    

Total liabilities and equity capital

   $ 87,737,000
    

 

I, Thomas J. Mastro, Executive 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.

 

Thomas J. Mastro

 

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   )    Director
Gerald L. Hassell   )    Director

 

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