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As Of Filer Filing For·On·As Docs:Size Issuer Agent 10/25/07 BMB Munai Inc S-3/A 2:893K Lindhardt Simone A/FA |
Document/Exhibit Description Pages Size 1: S-3/A Form S-3/A Dated October 22, 2007 HTML 547K 2: EX-25.1 Statement re: Eligibility of Trustee HTML 41K
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) o
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THE BANK OF NEW YORK
(Exact name of trustee as specified in its charter)
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New York |
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13-5160382 |
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(Jurisdiction of incorporation |
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(I.R.S. Employer |
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One Wall Street, New York, N.Y. |
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10286 |
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(Address of principal executive offices) |
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(Zip code) |
___________________________________________________________________________
BMB MUNAI, INC.
(Exact name of obligor as specified in its charter)
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Nevada |
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30-0233726 |
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(State or other jurisdiction of |
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(I.R.S. Employer |
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202 Dostyk Ave., 4th Floor, Almaty, Kazakhstan |
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050051 |
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(Address of principal executive offices) |
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(Zip code) |
___________________________________________________________________________
5.0% Convertible Senior Notes Due 2012
(Title of the indenture securities)
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Item 1. General Information . |
Furnish the following information as to the trustee: |
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(a) |
Name and address of each examining or supervising authority to which it is subject. |
Superintendent of Banks of the State of New York
One State Street
New York, N.Y. 10004-1417, and Albany, N.Y. 12223
Federal Reserve Bank of New York
33 Liberty Street
Federal Deposit Insurance Corporation
Washington D.C. 20429
New York Clearing House Association
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(b) |
Whether it is authorized to exercise corporate trust powers. |
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The trustee is authorized to exercise corporate trust powers. |
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Item 2. Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation. |
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None with respect to the trustee.
No responses are included for Items 3-14 of this Form T-1 because the obligor is not in default as provided under Item 13.
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Item 15. Foreign Trustee. |
Not applicable. |
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Item 16. List of Exhibits. |
List below all exhibits filed as a part of this Statement of Eligibility. The Bank of New York incorporates by reference into this Form T-1 the exhibits attached hereto. |
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Exhibit 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.) |
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Exhibit 2 |
See Exhibit 1. |
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Exhibit 3 |
See Exhibit 1. |
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Exhibit 4.
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A copy of the existing bylaws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121195.) |
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Exhibit 5 |
Not Applicable. |
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Exhibit 6.
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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.) |
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Exhibit 7.
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A copy of the latest report of condition of the Trustee published pursuant to law or to be the requirements of its supervising or examining authority. |
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Exhibit 8 |
Not Applicable. |
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Exhibit 9 |
Not Applicable. |
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SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, 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 London in the United Kingdom on the 18th day of October 2007.
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THE BANK OF NEW YORK |
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By: |
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/s/ MARCO THUO |
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ASSISTANT VICE PRESIDENT |
Exhibit 7
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 June 30, 2007, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.
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ASSETS |
Dollar Amounts |
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Cash and balances due from depository institutions: |
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Noninterest-bearing balances and currency and coin |
2,729,000 |
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Interest-bearing balances |
20,956,000 |
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Securities: |
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Held-to-maturity securities |
1,416,000 |
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Available-for-sale securities |
24,732,000 |
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Federal funds sold and securities purchased under agreements to resell: |
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Federal funds sold in domestic offices |
10,454,000 |
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Securities purchased under agreements to |
157,000 |
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Loans and lease financing receivables: |
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Loans and leases held for sale |
0 |
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Loans and leases, net of unearned |
31,260,000 |
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LESS: Allowance for loan and |
281,000 |
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Loans and leases, net of unearned |
30,979,000 |
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Trading assets |
2,764,000 |
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Premises and fixed assets (including capitalized leases) |
884,000 |
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Other real estate owned |
2,000 |
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Investments in unconsolidated subsidiaries and associated companies |
284,000 |
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Not applicable |
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Intangible assets: |
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Goodwill |
2,713,000 |
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Other intangible assets |
950,000 |
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Other assets |
9,137,000 |
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Total assets |
108,157,000 |
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LIABILITIES |
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Deposits: |
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In domestic offices |
29,601,000 |
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Noninterest-bearing |
18,755,000 |
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Interest-bearing |
10,846,000 |
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In foreign offices, Edge and Agreement subsidiaries, and IBFs |
53,217,000 |
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Noninterest-bearing |
1,965,000 |
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Interest-bearing |
51,252,000 |
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Federal funds purchased and securities sold under agreements to repurchase: |
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Federal funds purchased in domestic |
1,454,000 |
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Securities sold under agreements to |
101,000 |
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Trading liabilities |
2,565,000 |
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Other borrowed money: |
3,890,000 |
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Not applicable |
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Not applicable |
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Subordinated notes and debentures |
2,261,000 |
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Other liabilities |
6,362,000 |
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Total liabilities |
99,451,000 |
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Minority interest in consolidated subsidiaries |
155,000 |
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EQUITY CAPITAL |
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Perpetual preferred stock and related |
0 |
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Common stock |
1,135,000 |
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Surplus (exclude all surplus related to preferred stock) |
2,148,000 |
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Retained earnings |
5,676,000 |
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Accumulated other comprehensive income |
-408,000 |
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Other equity capital components |
0 |
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Total equity capital |
8,551,000 |
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Total liabilities, minority interest, and equity capital |
108,157,000 |
I, Thomas P. Gibbons, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.
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THE BANK OF NEW YORK |
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By: |
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CHIEF FINANCIAL OFFICER |
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 appropriate Federal regulatory authority and is true and correct.
Thomas A. Renyi
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Gerald L. Hassell |
Directors |
Catherine A. Rein
| This ‘S-3/A’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 10/25/07 | |||
| 6/30/07 | 10-Q | |||
| List all Filings | ||||