Attached files
| file | filename |
|---|---|
| EX-4.2 - EXHIBIT 4.2 - Axos Financial, Inc. | ex-42.htm |
| EX-4.1 - EXHIBIT 4.1 - Axos Financial, Inc. | ex-41.htm |
| EX-99.1 - EXHIBIT 99.1 - Axos Financial, Inc. | ex-991.htm |
| EX-1.1 - EXHIBIT 1.1 - Axos Financial, Inc. | ex-11.htm |
| 8-K - 8-K - Axos Financial, Inc. | a8-k20160225underwritingag.htm |
| EX-5.1 - EXHIBIT 5.1 - Axos Financial, Inc. | ex-51.htm |
Exhibit 25.1
Form T-1
_____________________________________________________________________________
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)
_______________________________________________________
U.S. BANK NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
31-0841368
I.R.S. Employer Identification No.
800 Nicollet Mall Minneapolis, Minnesota | 55402 |
(Address of principal executive offices) | (Zip Code) |
Paula Oswald
U.S. Bank National Association
633 W. 5TH Street, 24th Floor
Los Angeles, CA 90071
(213) 615-6043
(Name, address and telephone number of agent for service)
BOFI HOLDING, INC.
(Exact name of obligor as specified in its charter)
(Exact name of obligor as specified in its charter)
Delaware | 33-0867444 |
(State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
4350 La Jolla Village Drive, Suite 140 | 92122 |
(Address of Principal Executive Offices) | (Zip Code) |
Debt Securities
(Title of the Indenture Securities)
Exhibit 25.1
Form T-1
FORM T-1
Item 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. |
Comptroller of the Currency
Washington, D.C.
b) Whether it is authorized to exercise corporate trust powers.
Yes
Item 2. AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.
None
Items 3-15 | Items 3-15 are not applicable because to the best of the Trustee's knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee. |
Item 16. LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification.
1. A copy of the Articles of Association of the Trustee.*
2. A copy of the certificate of authority of the Trustee to commence business, attached as Exhibit 2.
3. A copy of the certificate of authority of the Trustee to exercise corporate trust powers, attached as Exhibit 3.
4. A copy of the existing bylaws of the Trustee.**
5. A copy of each Indenture referred to in Item 4. Not applicable.
6. The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6.
7. Report of Condition of the Trustee as of December 31, 2015 published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.
* Incorporated by reference to Exhibit 25.1 to Amendment No. 2 to registration statement on S-4, Registration Number 333-128217 filed on November 15, 2005.
** Incorporated by reference to Exhibit 25.1 to registration statement on form S-3ASR, Registration Number 333-199863 filed on November 5, 2014.
Exhibit 25.1
Form T-1
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking 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 Los Angeles, California on the 23rd of February, 2016.
By: /s/ Paula Oswald
Paula Oswald
Vice President
Exhibit 25.1
Form T-1
Exhibit 2
Exhibit 25.1
Form T-1
Exhibit 3
Exhibit 25.1
Form T-1
Exhibit 6
CONSENT
In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
Dated: February 23, 2016
By: /s/ Paula Oswald
Paula Oswald
Vice President
Exhibit 25.1
Form T-1
Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 12/31/2015
($000’s)
12/31/2015
Assets
Cash and Balances Due From $ 11,116,460
Depository Institutions
Securities 105,221,515
Federal Funds 66,242
Loans & Lease Financing Receivables 259,137,459
Fixed Assets 4,356,531
Intangible Assets 13,140,000
Other Assets 24,420,027
Total Assets $417,458,234
Liabilities
Deposits $310,443,288
Fed Funds 1,617,316
Treasury Demand Notes 0
Trading Liabilities 989,983
Other Borrowed Money 46,198,790
Acceptances 0
Subordinated Notes and Debentures 3,150,000
Other Liabilities 12,012,892
Total Liabilities $374,412,269
Equity
Common and Preferred Stock 18,200
Surplus 14,266,400
Undivided Profits 27,904,230
Minority Interest in Subsidiaries 857,135
Total Equity Capital $43,045,965
Total Liabilities and Equity Capital $417,458,234