-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
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)____
BANK OF MONTREAL TRUST COMPANY
(EXACT NAME OF TRUSTEE AS SPECIFIED IN ITS CHARTER)
New York 00-0000000
(JURISDICTION OF INCORPORATION OR ORGANIZATION (I.R.S. EMPLOYER
IF NOT A U.S. NATIONAL BANK) IDENTIFICATION NO.)
Wall Street Plaza
00 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE)
Xxxx X. XxXxxxxxxx
Bank of Montreal Trust Company
Wall Street Plaza
00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000
(000) 000-0000
(NAME, ADDRESS AND TELEPHONE NUMBER OF AGENT FOR SERVICE)
----------------------------------------
NCI BUILDING SYSTEMS, INC.
(EXACT NAME OF OBLIGOR AS SPECIFIED IN ITS CHARTER)
Delaware 00-0000000
(STATE OR OTHER JURISDICTION OF (I.R.S. EMPLOYER
INCORPORATION OR ORGANIZATION) IDENTIFICATION NUMBER)
0000 Xxxxxxxx
Xxxxxxx, XX 00000
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)
----------------------------------------
Senior Subordinated Notes due 2009
(TITLE OF THE INDENTURE SECURITIES)
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-2-
ITEM 1. GENERAL INFORMATION.
Furnished the following information as to the trustee:
(a) Name and address of each examining or supervising authority to
which it is subject.
Federal Reserve Bank of New York
00 Xxxxxxx Xxxxxx, Xxx Xxxx, X.X. 00000
State of New York Banking Department
0 Xxxxxx Xxxxxx, Xxx Xxxx, X.X. 00000
(b) Whether it is authorized to exercise corporate trust powers.
The Trustee is authorized to exercise corporate trust powers.
ITEM 2. AFFILIATIONS WITH THE OBLIGOR.
If the obligor is an affiliate of the trustee, describe each such
affiliation.
The obligor is not an affiliate of the trustee.
ITEM 16. LIST OF EXHIBITS.
Listed below all exhibits filed as part of this statement of
eligibility.
Exhibit 1 - Copy of Organization Certificate of Bank of Montreal
Trust Company business and exercise corporate trust
powers; incorporated herein by reference as Exhibit "A"
filed with Form T-1 Statement, Registration No. 33-46118.
Exhibit 4 - Copy of the existing By-Laws of Bank of Montreal Trust
Company; incorporated herein by reference as Exhibit "B"
with Form T-1 Statement, Registration No. 33-80928.
Exhibit 6 - The consent of the Trustee required by Section 321(b) of
the Act; incorporated herein by reference as Exhibit "C"
with Form T-1 Statement, Registration No. 33-46118.
Exhibit 7 - A copy of the latest report of condition of Bank of
Montreal Trust Company published pursuant to law or the
requirements of its supervising or examining authority,
attached hereto as Exhibit "D".
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939 the
Trustee, Bank of Montreal Trust Company, 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 7th
day of June, 1999.
BANK OF MONTREAL TRUST COMPANY
By: /s/ Xxx X. Xxxxxxx
------------------------------------
Xxx X. Xxxxxxx
Vice President
EXHIBIT "D"
STATEMENT OF CONDITION
BANK OF MONTREAL TRUST COMPANY
NEW YORK
----------------------------------------
ASSETS
Due From Banks $ 677,400
-------------
Investment Securities:
State & Municipal 16,513,582
Other 100
-------------
TOTAL SECURITIES 16,513,682
Loans and Advances
Federal Funds sold 20,900,000
Overdrafts 12,169
-------------
TOTAL LOANS AND ADVANCES 20,912,169
Investment in Xxxxxx Trust, NY 8,725,608
Premises and Equipment 475,614
Other Assets 2,636,845
-------------
11,838,067
-------------
TOTAL ASSETS $ 49,941,318
-------------
-------------
LIABILITIES
Trust Deposits $ 8,191,549
Other Liabilities 16,944,443
-------------
TOTAL LIABILITIES 25,135,992
CAPITAL ACCOUNTS
Capitol Stock, Authorized, Issued and
Fully Paid - 10,000 Shares of $100 Each 1,000,000
Surplus 4,222,188
Retained Earnings 19,605,350
Equity - Municipal Gain/Loss (22,212)
-------------
TOTAL CAPITAL ACCOUNTS 24,805,326
-------------
TOTAL LIABILITIES
AND CAPITAL ACCOUNTS $ 49,941,318
-------------
-------------
I, Xxxx X. XxXxxxxxxx, Vice President, 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.
Xxxx X. XxXxxxxxxx
June 30, 1998
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.
Xxxxxx Xxxxxx
Xxxxx X. Xxxxx
Xxxxxx X. Xxxxxxxxx
