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AU AngloGold Ashanti

Filed: 16 Jul 12, 8:00pm

Exhibit 25.3

 

 

 

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)
o

 


 

THE BANK OF NEW YORK MELLON

(Exact name of trustee as specified in its charter)

 

New York

 

13-5160382

(Jurisdiction of incorporation

 

(I.R.S. employer

if not a U.S. national bank)

 

identification no.)

 

 

 

One Wall Street, New York, N.Y.

 

10286

(Address of principal executive offices)

 

(Zip code)

 


 

AngloGold Ashanti Holdings Finance plc

(Exact name of obligor as specified in its charter)

 

The Isle of Man

 

Not Applicable

(State or other jurisdiction of

 

(I.R.S. employer

incorporation or organization)

 

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 Jeppe Streeet
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 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, New York, N.Y. 10045

 

 

 

Federal Deposit Insurance Corporation

 

Washington, D.C. 20429

 

 

 

New York Clearing House Association

 

New York, N.Y. 10005

 

(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. 333-154173).

 

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. 333-152735).

 

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 26th day of June, 2012.

 

 

 

THE BANK OF NEW YORK MELLON

 

 

 

 

 

 

 

By:

/s/ Joellen McNamara

 

 

Name:

Joellen McNamara

 

 

Title:

Senior Associate

 

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 March 31, 2012, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

 

 

 

Dollar Amounts In Thousands

 

ASSETS

 

 

 

Cash and balances due from depository institutions:

 

 

 

Noninterest-bearing balances and currency and coin

 

3,021,000

 

Interest-bearing balances

 

88,872,000

 

Securities:

 

 

 

Held-to-maturity securities

 

4,819,000

 

Available-for-sale securities

 

79,781,000

 

Federal funds sold and securities purchased under agreements to resell:

 

 

 

Federal funds sold in domestic offices

 

11,000

 

Securities purchased under agreements to resell

 

719,000

 

Loans and lease financing receivables:

 

 

 

Loans and leases held for sale

 

9,000

 

Loans and leases, net of unearned income

 

25,163,000

 

LESS: Allowance for loan and lease losses

 

342,000

 

Loans and leases, net of unearned income and allowance

 

24,821,000

 

Trading assets

 

4,149,000

 

Premises and fixed assets (including capitalized leases)

 

1,243,000

 

Other real estate owned

 

13,000

 

Investments in unconsolidated subsidiaries and associated companies

 

996,000

 

Direct and indirect investments in real estate ventures

 

0

 

Intangible assets:

 

 

 

Goodwill

 

6,449,000

 

Other intangible assets

 

1,575,000

 

Other assets

 

13,237,000

 

Total assets

 

229,715,000

 

 



 

LIABILITIES

 

 

 

Deposits:

 

 

 

In domestic offices

 

94,919,000

 

Noninterest-bearing

 

60,836,000

 

Interest-bearing

 

34,083,000

 

In foreign offices, Edge and Agreement subsidiaries, and IBFs

 

92,686,000

 

Noninterest-bearing

 

3,607,000

 

Interest-bearing

 

89,079,000

 

Federal funds purchased and securities sold under agreements to repurchase:

 

 

 

Federal funds purchased in domestic offices

 

2,367,000

 

Securities sold under agreements to repurchase

 

1,171,000

 

Trading liabilities

 

5,723,000

 

Other borrowed money:
(includes mortgage indebtedness and obligations under capitalized leases)

 

3,138,000

 

Not applicable

 

 

 

Not applicable

 

 

 

Subordinated notes and debentures

 

3,505,000

 

Other liabilities

 

7,275,000

 

Total liabilities

 

210,784,000

 

 

 

 

 

EQUITY CAPITAL

 

 

 

Perpetual preferred stock and related surplus

 

0

 

Common stock

 

1,135,000

 

Surplus (exclude all surplus related to preferred stock)

 

9,658,000

 

Retained earnings

 

8,773,000

 

Accumulated other comprehensive income

 

-985,000

 

Other equity capital components

 

0

 

Total bank equity capital

 

18,581,000

 

Noncontrolling (minority) interests in consolidated subsidiaries

 

350,000

 

Total equity capital

 

18,931,000

 

Total liabilities and equity capital

 

229,715,000

 

 



 

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
Michael J. Kowalski

Directors