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As Of Filer Filing For·On·As Docs:Size Issuer Agent 5/11/04 Red Hat Inc S-3 5:758K RR Donnelley/FA |
Document/Exhibit Description Pages Size 1: S-3 Red Hat, Inc. HTML 575K 2: EX-12.1 Computation of Ratio of Earnings to Fixed Charges HTML 19K 3: EX-23.1 Consent of Pricewaterhousecoopers HTML 6K 4: EX-23.2 Consent of Pricewaterhousecoopers HTML 6K 5: EX-25.1 Form T-1 HTML 30K
| Form T-1 |
EXHIBIT 25.1
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
Check if an Application to Determine Eligibility of
a Trustee Pursuant to Section 305(b)(2)
U.S. BANK TRUST NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
41-1973763
I.R.S. Employer Identification No.
| 300 East Delaware Avenue, 8th Floor | ||
| Wilmington, Delaware | 19809 | |
| (Address of principal executive offices) | (Zip Code) |
James Vellanti
U.S. Bank Trust National Association
100 Wall Street, Suite 1600
Telephone (212) 361-2506
(Name, address and telephone number of agent for service)
RED HAT, INC.
(Exact name of obligor as specified in its charter)
| Delaware | 06-1364380 | |
| (State or other jurisdiction of incorporation or organization) |
(I. R. S. Employer Identification No.) | |
| 1801 Varsity Drive | ||
| Raleigh, NC | 27606 | |
| (Address of principal executive offices) | (Zip Code) | |
0.50% Convertible Senior Debentures due 2024
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.
Yes
| Item 2. | AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation. |
None
USE ONE OF FOLLOWING RESPONSES ONLY
| Items 3-15 | Not applicable because, to the best of Trustee’s knowledge, the Trustee is not a trustee under any other indenture under which any other securities or certificates of interest or participation in any other securities of the obligor are outstanding and there is not, nor has there been, a default with respect to securities issued under this indenture. |
| 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 now in effect, incorporated herein by reference to Exhibit 1 of Form T-1, Document 6 of Registration No. 333-84320. |
| 2. | A copy of the certificate of authority of the Trustee to commence business, incorporated herein by reference to Exhibit 2 of Form T-1, Document 6 of Registration No. 333-84320. |
| 3. | A copy of the certificate of authority of the Trustee to exercise corporate trust powers, incorporated herein by reference to Exhibit 3 of Form T-1, Document 6 of Registration No. 333-84320. |
| 4. | A copy of the existing bylaws of the Trustee, as now in effect, incorporated herein by reference to Exhibit 4 of Form T-1, Document 6 of Registration No. 333-113995. |
| 5. | Not applicable. |
| 6. | The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, incorporated herein by reference to Exhibit 6 of Form T-1, Document 6 of Registration No. 333-84320. |
| 7. | Report of Condition of the Trustee as of December 31, 2003, published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7. |
| 8. | Not applicable. |
| 9. | Not applicable. |
- 2 -
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK TRUST 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 New York, State of New York on the 29th day of April, 2004.
| U.S. BANK TRUST NATIONAL ASSOCIATION | ||
| By: |
/s/ ADAM BERMAN | |
| Name: | Adam Berman | |
| Title: | Assistant Vice President | |
- 3 -
Exhibit 7
U.S. Bank Trust National Association
Statement of Financial Condition
As of 12/31/2003
($000’s)
| 12/31/2003 | |||
| Assets | |||
| Cash and Due From Depository Institutions |
$ | 380,701 | |
| Fixed Assets |
652 | ||
| Intangible Assets |
116,064 | ||
| Other Assets |
28,259 | ||
| Total Assets |
$ | 525,676 | |
| Liabilities |
|||
| Other Liabilities |
$ | 16,117 | |
| Total Liabilities |
$ | 16,117 | |
| Equity |
|||
| Common and Preferred Stock |
$ | 1,000 | |
| Surplus |
505,932 | ||
| Undivided Profits |
2,627 | ||
| Total Equity Capital |
$ | 509,559 | |
| Total Liabilities and Equity Capital |
$ | 525,676 | |
To the best of the undersigned’s determination, as of this date the above financial information is true and correct.
| U.S. Bank Trust National Association | ||
| By: |
/s/ ADAM BERMAN | |
| Name: | Adam Berman | |
| Title: | Assistant Vice President | |
- 4 -
| This ‘S-3’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 5/11/04 | 4 | ||
| 4/29/04 | ||||
| 12/31/03 | ||||
| List all Filings | ||||