Exhibit 25

 

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM T-1

STATEMENT OF ELIGIBILITY UNDER
THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE

U.S. BANK NATIONAL ASSOCIATION

(Exact name of Trustee as specified in its charter)

31-0841368
I.R.S. Employer Identification No.

800 Nicollet Mall
Minneapolis, Minnesota		55402
(Address of principal executive offices)		(Zip Code)

Claude Acoba
U.S. Bank National Association
One California Street, Suite 2100
San Francisco, CA 94111
(415) 273-4563
(Name, address and telephone number of agent for service)

(Issuer with respect to the Securities)

DELAWARE		77-0448994
(State or other jurisdiction of incorporation or organization)		(I.R.S. Employer Identification No.)

1720 North First Street
San Jose, California		95112
(Address of Principal Executive Offices)		(Zip Code)

First Mortgage Notes

(Title of the Indenture Securities)

 

 

FORM T-1

Item 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.
			Comptroller of the Currency Washington, D.C.

	b)		Whether it is authorized to exercise corporate trust powers.
			Trustee is authorized to exercise corporate trust powers.

Item 2.		AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.

		None

		In answering this item, the trustee has relied, in part, upon information furnished by the obligor and the underwriters, and has also examined its own books and records for the purpose of answering this item.

Items 3-15		Items 3-15 are not applicable because to the best of the Trustee’s knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.

Item 16.		LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification.

	1.		A copy of the Articles of Association of the Trustee.*
	2.		A copy of the certificate of authority of the Trustee to commence business.*
	3.		A copy of the certificate of authority of the Trustee to exercise corporate trust powers.*
	4.		A copy of the existing bylaws of the Trustee.**
	5.		A copy of each Indenture referred to in Item 4. Not applicable.
	6.		The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached hereto as Exhibit 6.
	7.		A copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority is annexed hereto as Exhibit 7 and made a part hereof.

NOTE

          The answers to this statement insofar as such answers relate to what persons have been underwriters for any securities of the obligors within three years prior to the date of filing this statement, or what persons are owners of 10% or more of the voting securities of the obligors, or affiliates, are based upon information furnished to the Trustee by the obligors.

SIGNATURE

          Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of San Francisco, State of California on the 7th of April, 2009.

Exhibit 6

CONSENT

          In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.

Dated: April 7, 2009

Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 12/31/2008

($000’s)

12/31/2008

Assets
Cash and Due From Depository Institutions		$	8,077,564
Federal Reserve Stock			0
Securities			37,455,111
Federal Funds			3,290,350
Loans & Lease Financing Receivables			180,437,040
Fixed Assets			2,428,469
Intangible Assets			12,495,040
Other Assets			17,592,017
Total Assets		$	261,775,591
Liabilities
Deposits		$	171,980,048
Fed Funds			2,369,052
Treasury Demand Notes			9,492,889
Trading Liabilities			1,919,265
Other Borrowed Money			39,187,106
Acceptances			0
Subordinated Notes and Debentures			7,329,967
Other Liabilities			6,647,510
Total Liabilities		$	238,925,837
Equity
Minority Interest in Subsidiaries		$	1,664,422
Common and Preferred Stock			18,200
Surplus			12,597,620
Undivided Profits			8,569,512
Total Equity Capital		$	22,849,754
Total Liabilities and Equity Capital		$	261,775,591