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)           S

 

 

THE BANK OF NEW YORK MELLON
(Exact name of trustee as specified in its charter)

New York  13-5160382
(Jurisdiction of incorporation
if not a U.S. national bank)
  (I.R.S. employer
identification no.)
    
One Wall Street, New York, N.Y.  10286
(Address of principal executive offices)  (Zip code)

 

 

 

UNITED COMMUNITY BANKS, INC.

 Georgia  No. 58-180-7304
(State or other jurisdiction of
incorporation or organization)
  (I.R.S. employer
identification no.)
    
125 Highway 151 East
Blairsville, Georgia 30512
  30512
(Address of principal executive offices)  (Zip code)

 

 

Senior 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).
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4.A copy of the existing By-laws of the Trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-188382).
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.
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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 August, 2013.

   THE BANK OF NEW YORK MELLON
     
     
   By:/s/ Francine J. Kincaid
    Name: Francine J. Kincaid
 Title: Vice President

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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 June 30, 2013, 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    5,547,000 
Interest-bearing balances    109,455,000 
Securities:     
Held-to-maturity securities    13,784,000 
Available-for-sale securities    87,504,000 
Federal funds sold and securities purchased under agreements to resell:     
   Federal funds sold in domestic offices    119,000 
Securities purchased under agreements to resell   3,072,000 
Loans and lease financing receivables:     
Loans and leases held for sale   0 
Loans and leases, net of unearned income   31,852,000 
LESS: Allowance for loan and lease losses   199,000 
Loans and leases, net of unearned income and allowance    31,653,000 
Trading assets    5,889,000 
Premises and fixed assets (including capitalized leases)    1,150,000 
Other real estate owned    3,000 
Investments in unconsolidated subsidiaries and associated companies    1,047,000 
Direct and indirect investments in real estate ventures   0 
Intangible assets:     
   Goodwill    6,412,000 
   Other intangible assets    1,356,000 
Other assets    14,348,000 
Total assets    281,339,000 
      
LIABILITIES     
Deposits:     
In domestic offices    119,068,000 
Noninterest-bearing    74,829,000 
Interest-bearing    44,239,000 
In foreign offices, Edge and Agreement subsidiaries, and IBFs    117,772,000 
Noninterest-bearing    7,818,000 
Interest-bearing    109,954,000 
Federal funds purchased and securities sold under agreements to repurchase:     
Federal funds purchased in domestic offices    2,780,000 
Securities sold under agreements to repurchase    5,034,000 
Trading liabilities    6,337,000 
Other borrowed money:
(includes mortgage indebtedness and obligations under capitalized leases)
   3,227,000 
Not applicable     
Not applicable     
Subordinated notes and debentures    1,065,000 
Other liabilities    7,206,000 
Total liabilities    262,489,000 
      
EQUITY CAPITAL     
Perpetual preferred stock and related surplus   0 
Common stock    1,135,000 
Surplus (exclude all surplus related to preferred stock)    9,820,000 
Retained earnings    8,704,000 
Accumulated other comprehensive income   -1,159,000 
Other equity capital components   0 
Total bank equity capital    18,500,000 
Noncontrolling (minority) interests in consolidated subsidiaries   350,000 
Total equity capital    18,850,000 
Total liabilities and equity capital    281,339,000 

 
 

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