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AU AngloGold Ashanti

Filed: 31 Mar 16, 8:00pm
Exhibit 25.2
 
 

 
UNITED STATES
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)     ☐
 


THE BANK OF NEW YORK MELLON
(Exact name of trustee as specified in its charter)
 
New York
(Jurisdiction of incorporation
if not a U.S. national bank)
 
13-5160382
(I.R.S. employer
identification no.)
225 Liberty Street, New York, N.Y.
(Address of principal executive offices)
10286
(Zip code)



AngloGold Ashanti Holdings plc
(Exact name of obligor as specified in its charter)
 
The Isle of Man
(State or other jurisdiction of
incorporation or organization)
 
Not Applicable
(I.R.S. employer
identification no.)
 
1st Floor, Atlantic House
4-8 Circular Road
Douglas, Isle of Man, IM1 1AG
(Address of principal executive offices)



(Zip code)

AngloGold Ashanti Limited
(Exact name of obligor as specified in its charter)

The Republic of South Africa
(State or other jurisdiction of
incorporation or organization)
 
Not Applicable
(I.R.S. employer
identification no.)
 
76 Rahima Moosa Street
Newtown, Johannesburg, 2001
(PO Box 62117, Marshalltown, 2107)
South Africa
(Address of principal executive offices)
 
 
 
 
(Zip code)




Debt Securities
and Guarantees of 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 the Department of Financial Services 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, New York, N.Y. 10045
 
 
Federal Deposit Insurance Corporation
 
550 17th Street, NW
Washington, D.C. 20429
 
 
The Clearing House Association L.L.C.
 
100 Broad Street
New York, N.Y. 10004
 
 (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 Mellon (formerly known as The Bank of New York, itself 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, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735).
 
 
-2-


 
4.A copy of the existing By-laws of the Trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-207042).

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. 333-188382).

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.
 

 
-3-

SIGNATURE


Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon, 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 New York, and State of New York, on the 9th day of March, 2016.
 
 THE BANK OF NEW YORK MELLON 
    
 By:/s/ Joellen McNamara 
  Name:  Joellen McNamara 
  Title:    Vice President 
    

 
 
-4-
 
 

 
 
Exhibit 7
 
 
Consolidated Report of Condition of
 
THE BANK OF NEW YORK MELLON

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 December 31, 2015, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

ASSETS Dollar amounts in thousands
   
Cash and balances due from depository institutions:  
Noninterest-bearing balances and currency and coin  
 6,003,000
Interest-bearing balances  
 120,462,000
Securities:  
Held-to-maturity securities  
 42,513,000
Available-for-sale securities  
 72,422,000
Federal funds sold and securities purchased under agreements to resell:  
Federal funds sold in domestic offices  
 11,000
Securities purchased under agreements to resell  
 15,650,000
Loans and lease financing receivables:  
Loans and leases held for sale  
 402,000
Loans and leases, net of unearned income  
 35,333,000
LESS: Allowance for loan and lease losses  
 140,000
Loans and leases, net of unearned income and allowance  
 35,193,000
Trading assets  
 3,995,000
Premises and fixed assets (including capitalized leases)  
 1,047,000
Other real estate owned  
 5,000
Investments in unconsolidated subsidiaries and associated companies 478,000
Direct and indirect investments in real estate ventures  
 0
Intangible assets:  
Goodwill  
 6,310,000
Other intangible assets  
 1,036,000
Other assets  
 13,731,000
Total assets  
 319,258,000
 
 

 
LIABILITIES  
Deposits:  
In domestic offices  
 128,432,000
Noninterest-bearing  
 88,410,000
Interest-bearing  
 40,022,000
In foreign offices, Edge and Agreement subsidiaries, and IBFs 142,383,000
Noninterest-bearing  
 7,243,000
Interest-bearing  
 135,140,000
Federal funds purchased and securities sold under agreements to repurchase:  
   Federal funds purchased in domestic offices 5,820,000
   Securities sold under agreements to repurchase  
 1,858,000
Trading liabilities  
 3,948,000
Other borrowed money:  
(includes mortgage indebtedness and obligations under capitalized leases) 7,157,000
Not applicable  
Not applicable  
Subordinated notes and debentures  
 765,000
Other liabilities  
  6,823,000
Total liabilities  
 297,186,000
EQUITY CAPITAL  
Perpetual preferred stock and related surplus  
 0
Common stock  
 1,135,000
Surplus (exclude all surplus related to preferred stock)  
 10,224,000
Retained earnings  
 12,129,000
Accumulated other comprehensive income -1,766,000
Other equity capital components 0
Total bank equity capital                                                                                                                                    
 21,722,000
Noncontrolling (minority) interests in
consolidated subsidiaries
 350,000
Total equity capital 22,072,000 
Total liabilities and equity capital  
 319,258,000
 
 


 
I, Thomas P. Gibbons, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.
 
Thomas P. Gibbons,
Chief Financial Officer

We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We 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 and is true and correct.

   
Gerald L. Hassell  
Catherine A. Rein Directors
Joseph J. Echevarria