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 NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
31-0841368
I.R.S. Employer Identification No.
800 Nicollet Mall Minneapolis, Minnesota (Address of principal executive offices) |
55402 (Zip Code) |
Sandra Richelmy
U.S. Bank National Association
950 17th Street, 12th floor
Denver, CO 80202
303-585-4593
(Name, address and telephone number of agent for service)
SM Energy Company
(Issuer with respect to the Securities)
Delaware (State or other jurisdiction of incorporation or organization) |
41-0518430 (I.R.S. Employer Identification No.) |
|
1775 Sherman Street Ste 1200 Denver, CO (Address of Principal Executive Offices) |
80203 (Zip Code) |
(Title of the Indenture Securities) SM Energy Company 65/8% Senior Notes due 2019
Item 1. GENERAL INFORMATION. Furnish the following information as to the Trustee.
Comptroller
of the Currency
Washington, D.C.
Yes
Item 2. AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.
None
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.
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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 Denver, State of Colorado on the 15th of November, 2011.
By: | /s/ Sandra Richelmy Sandra Richelmy Assistant Vice President |
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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:
November 15, 2011
By: | /s/ Sandra Richelmy Sandra Richelmy Assistant Vice President |
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Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
1. As of 9/30/2011
($000's)
|
9/30/2011 | |||||
---|---|---|---|---|---|---|
Assets |
||||||
Cash and Balances Due From Depository Institutions |
$ | 13,707,494 | ||||
Securities |
66,888,393 | |||||
Federal Funds |
5,954 | |||||
Loans & Lease Financing Receivables |
197,036,739 | |||||
Fixed Assets |
5,547,055 | |||||
Intangible Assets |
12,420,133 | |||||
Other Assets |
23,843,503 | |||||
Total Assets |
$ | 319,449,271 | ||||
Liabilities |
||||||
Deposits |
$ | 226,338,015 | ||||
Fed Funds |
7,802,656 | |||||
Treasury Demand Notes |
0 | |||||
Trading Liabilities |
545,669 | |||||
Other Borrowed Money |
35,170,032 | |||||
Acceptances |
0 | |||||
Subordinated Notes and Debentures |
6,179,246 | |||||
Other Liabilities |
9,493,484 | |||||
Total Liabilities |
$ | 285,529,102 | ||||
Equity |
||||||
Minority Interest in Subsidiaries |
$ | 1,912,544 | ||||
Common and Preferred Stock |
18,200 | |||||
Surplus |
14,136,872 | |||||
Undivided Profits |
17,852,553 | |||||
Total Equity Capital |
$ | 33,920,169 | ||||
Total Liabilities and Equity Capital |
$ |
319,449,271 |
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