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SECURITIES XXX XXXXXXXX XXXXXXXXXX
XXXXXXXXXX, X.X. 00000
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FORM T-1
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STATEMENT OF ELIGIBILITY AND QUALIFICATION
UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED,
OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY
OF A TRUSTEE PURSUANT TO SECTION 305 (b) (2) X
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FIRST UNION NATIONAL BANK OF GEORGIA
(Exact name of Trustee as specified in its charter)
000 XXXXXXXXX XXXXXX, X.X.
XXXXXXX, XXXXXXX 00000 00-0000000
(Address of principal (Zip Code) (I.R.S. Employer Identification No.)
executive office)
Xxxxx X. Xxxx
First Union National Bank of Georgia
000 Xxxxxxxxx Xxxxxx X.X., Xxxxx 0000
Xxxxxxx, Xxxxxxx 00000
(000) 000-0000
(Name, Address and Telephone Number of Agent for Service)
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APPLE SOUTH, INC.
(Exact name of obligor as specified in its charter)
GEORGIA
(State or other jurisdiction of
incorporation or organization)
00-0000000
(IRS employer identification no.)
0000 XXXXXX XXXX
XXXXXXX, XXXXXXX 00000
000-000-0000
(Name, address, including zip code, and telephone number, including area code,
of principal executive offices)
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$116,161,500
7% CONVERTIBLE SUBORDINATED DEBENTURES DUE MARCH 1, 2027
(Title of the indenture securites)
1. General information.
(a) The following are the names and addresses of each examining or
supervising authority to which the Trustee is subject:
The Comptroller of the Currency, Washington, D.C.
Federal Reserve Bank of Atlanta, Georgia.
Federal Deposit Insurance Corporation, Washington, D.C.
Securities and Exchange Commission, Division of Market Regulation,
Washington, D.C.
(b) The Trustee is authorized to exercise corporate trust powers.
2. Affiliations with obligor.
The obligor is not an affiliate of the Trustee.
3. Voting Securities of the Trustee.
Not applicable
4. Trusteeships under other indentures.
Not applicable
5. Interlocking directorates and similar relationships with the obligor or
underwriters.
Not applicable
6. Voting securities of the Trustee owned by the obligor or its officials.
Not applicable
7. Voting securities of the Trustee owned by underwriters or their officials.
Not applicable
8. Securities of the obligor owned or held by the Trustee.
Not applicable
9. Securities of underwriters owned or held by the Trustee.
Not applicable
10. Ownership or holdings by the Trustee of voting securities of certain
affiliates or security holders of the obligor.
Not applicable
11. Ownership or holdings by the Trustee of any securities of a person owning
50 percent or more of the voting securities of the obligor.
Not applicable
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12. Indebtedness of the obligor to the Trustee.
Not applicable
13. Defaults by the obligor.
Not applicable
14. Affiliations with the underwriters.
Not applicable
15. Foreign trustee.
Not applicable.
16. List of Exhibits.
(1) Articles of Association of the Trustee as now in effect. (See Exhibit
1 of the Form T-1 filed in connection with Registration Statement No.
33-92776, which is incorporated herein by reference)
(2) Certificate of Authority of the Trustee to commence business. (See
Exhibit 2 of the Form T-1 filed in connection with Registration
Statement No. 33-92776, which is incorporated herein by reference)
(3) Authorization of the Trustee to exercise corporate trust powers.
Incorporated in Exhibit (4).
(4) By-Laws of the Trustee, as amended, to date. (See Exhibit 4 of the
Form T-1 filed in connection with Registration Statement No. 33-92776,
which is incorporated herein by reference)
(5) Not applicable.
(6) Consent by the Trustee required by Section 321(b) of the Trust
Indenture Act of 1939. Included on Page 6 of this Form T-1 Statement.
(7) Most recent report of condition of the Trustee.
(8) Not applicable.
(9) Not applicable.
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SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as
amended, the Trustee, FIRST UNION NATIONAL BANK OF GEORGIA, a national
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 Atlanta, and State of Georgia on the 10th day of April 1997.
FIRST UNION NATIONAL BANK OF GEORGIA
(Trustee)
BY: /s/ Xxxxx X. Xxxx
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Xxxxx X. Xxxx, Vice President
EXHIBIT T-1 (6)
CONSENT OF TRUSTEE
Under section 321(b) of the Trust Indenture Act of 1939 and in
connection with the proposed issuance by Apple South, Inc., up to 2,300,000
$3.50 Term Convertible Securities, Series A, First Union National Bank of
Georgia, as the Trustee herein named, hereby consents that reports of
examinations of said Trustee by Federal, State, Territorial or District
authorities may be furnished by such authorities to the Securities and Exchange
Commission upon requests therefor.
FIRST UNION NATIONAL BANK OF GEORGIA
BY: /s/ R. Xxxxxxx Xxxxxx
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Dated: April 10, 1997 R. Xxxxxxx Xxxxxx, Vice President
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