EX-25.1

This document was submitted to the SEC on behalf of GMX RESOURCES INC. The original filing can be found at http://www.sec.gov/Archives/edgar/data/00011273...

Exhibit 25.1

FORM T-1

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

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 TRUST COMPANY, N.A.

(Exact name of trustee as specified in its charter)

         

 

  95-3571558

(State of incorporation

  (I.R.S. employer

if not a U.S. national bank)

  identification no.)

 

       

700 South Flower Street, Suite 500,

  90017

Los Angeles, California

  (Zip code)

(Address of principal executive offices)

       

GMX Resources Inc.

(Exact name of obligor as specified in its charter)

         

Oklahoma

  73-1534474

(State or other jurisdiction of

  (I.R.S. employer identification no.)

incorporation or organization)

       
         
    State or Other Jurisdiction of   I.R.S. Employer
Guarantor/Registrant Name   Incorporation or Organization   Identification Number
 

Diamond Blue Drilling Co.

  Oklahoma   20-3937463

Endeavor Pipeline, Inc.

  Oklahoma   73-1543948
     

9400 North Broadway, Suite 600

  73114

Oklahoma City, Oklahoma

  (Zip code)

(Address of principal executive offices)

   

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

Comptroller of the Currency United States Department of the Treasury

  Washington, D.C. 20219

 

   

Federal Reserve Bank of San Francisco

  San Francisco, California 94105

 

   

Federal Deposit Insurance Corporation

  Washington, D.C. 20429
  (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.
 
3.   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 articles of association of The Bank of New York Mellon Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875).
 
  2.   A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948).
 
  3.   A copy of the authorization of the trustee to exercise corporate trust powers. (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875).
 
  4.   A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-162713.)
 
  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. 333-152875.)
 
  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 Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Jacksonville, and State of Florida, on the 31 st day of December, 2010.

         
  THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
 
 
  By:   /s/ Craig Kaye    
    Name:   Craig Kaye   
    Title:   Assistant Vice President   
 

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EXHIBIT 7

Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 700 South Flower Street, Suite 200, Los Angeles, CA 90017

     At the close of business September 30, 2010, published in accordance with Federal regulatory authority instructions.

         
    Dollar Amounts  
    in Thousands  

ASSETS

       

 

       

Cash and balances due from depository institutions:

       

Noninterest-bearing balances and currency and coin

    1,595  

Interest-bearing balances

    276  

Securities:

       

Held-to-maturity securities

    7  

Available-for-sale securities

    703,294  

Federal funds sold and securities purchased under agreements to resell:

       

Federal funds sold

    76,500  

Securities purchased under agreements to resell

    0  

Loans and lease financing receivables:

       

Loans and leases held for sale

    0  

Loans and leases, net of unearned income

    0  

LESS: Allowance for loan and lease losses

    0  

Loans and leases, net of unearned income and allowance

    0  

Trading assets

    0  

Premises and fixed assets (including capitalized leases)

    9,503  

Other real estate owned

    0  

Investments in unconsolidated subsidiaries and associated companies

    0  

Not applicable

       

Intangible assets:

       

Goodwill

    856,313  

Other Intangible Assets

    223,370  

Other assets

    156,663  

 

     

Total assets

  $ 2,027,521  

 

     

1

 
         
    Dollar Amounts  
    in Thousands  

LIABILITIES

       

 

       

Deposits:

       

In domestic offices

    500  

Noninterest-bearing

    500  

Interest-bearing

    0  

Not applicable

       

Federal funds purchased and securities sold under agreements to repurchase:

       

Federal funds purchased

    0  

Securities sold under agreements to repurchase

    0  

Trading liabilities

    0  

Other borrowed money:

       

(includes mortgage indebtedness and obligations under capitalized leases)

    268,691  

Not applicable

       

Not applicable

       

Subordinated notes and debentures

    0  

Other liabilities

    220,845  

Total liabilities

    490,036  

Minority interest in consolidated subsidiaries

    0  

 

       

EQUITY CAPITAL

       

 

       

Perpetual preferred stock and related surplus

    0  

Common stock

    1,000  

Surplus (exclude all surplus related to preferred stock)

    1,121,520  

Retained earnings

    412,405  

Accumulated other comprehensive income

    2,560  

Other equity capital components

    0  

 

     

Total bank equity capital

    1,537,485  

Noncontrolling (minority) interest in consolidated subsidiaries

    0  

Total equity capital

    1,537,485  

Total liabilities, minority interest, and equity capital (sum of items 21, 22, and 28)

    2,027,521  

 

     

     I, Karen Bayz, Vice President of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.

     Karen Bayz      )      Vice President

     We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and 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 issued by the appropriate Federal regulatory authority and is true and correct.

     Troy Kilpatrick, MD             )
     Frank P. Sulzberger, MD      )      Directors (Trustees)
     William D. Lindelof, VP      )

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