Attached files
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EX-4.1 - EXHIBIT 4.1 - CABCO TRUST FOR J.C. PENNEY DEBENTURES | c10731exv4w1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): January 3, 2011
Corporate Asset Backed Corporation, on behalf of CABCO Trust for J.C. Penney Debentures
(Exact name of registrant as specified in its charter)
Delaware | 033-91744-02 | 22-3281571 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
445 Broad Hollow Road Suite 239 Melville, New York |
11747 |
|
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code: (631) 587-4700
(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 1.01. Entry into a Material Definitive Agreement.
On January 3, 2001, Corporate Asset Backed Corporation (the
Depositor), The Bank of New York Mellon (the Prior
Trustee), as trustee under the Depositors Indenture dated as
of March 25, 1999 (the Indenture), and U.S. Bank National
Association (the Successor Trustee) entered into an Agreement
of Removal, Appointment and Acceptance (the Agreement), to
provide for the resignation of the Prior Trustee as the trustee
for the Depositors $52,650,000 Trust Certificates for J.C.
Penny Debentures (the Certificates) and for the appointment
of the Successor Trustee as the trustee for the Certificates.
Under the Agreement, the Prior Trustee assigned to the
Successor Trustee all right, title and interest of the Prior
Trustee in and to the trust under the Indenture and all the
rights, powers, protections, indemnities, immunities, duties,
obligations and trusts of Prior Trustee under the Indenture, in
accordance with Section 5.11 of the Standard Terms and
Provisions of Series Trust Agreement, dated as of March 25,
1999, relating to the Indenture.
A copy of the Agreement is filed herewith as Exhibit 4.1 and
incorporated herein by reference.
The foregoing information relating to the Agreement is intended
only as a summary and is qualified in its entirety by reference
to the terms of the Agreement. The Depositor has included a
copy of the Agreement as an exhibit to this report pursuant to
Item 601 of the SECs Regulation S-K and to provide security
holders with information regarding its terms. This report is
not intended to provide any other factual or financial
information about the Depositor, the Prior Trustee or the
Successor Trustee. The representations, warranties and
covenants contained in the Agreement were made only for
purposes of that document and as of specific dates; were solely
for the benefit of the parties to the Agreement; may be subject
to limitations agreed upon by the parties, including being
qualified by confidential disclosures made for the purposes of
allocating contractual risk between the parties to the
Agreement instead of establishing these matters as facts; and
may be subject to standards of materiality applicable to the
parties that differ from those applicable to investors and
security holders. Investors and security holders should not
rely on the representations, warranties and covenants or any
description thereof as characterizations of the actual state of
facts or condition of the Depositor, the Prior Trustee or the
Successor Trustee. Moreover, information concerning the subject
matter of the representations, warranties and covenants may
change after the date of the Agreement, which subsequent
information may or may not be fully reflected in public
disclosures by the Depositor, the Prior Trustee and/or the
Successor Trustee.
Item 3.03. Material Modification to Rights of Security Holders
There will be no modification to the rights of the holders of
the Certificates as a result of the Agreement and the
substitution of the Successor Trustee as trustee under the
Indenture. The information contained in Item 1.01 above is
incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
The exhibits filed with this report are listed in the Exhibit
Index that immediately follows the signature page of this
report, which Exhibit Index is incorporated herein by
reference.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly
caused this report to be signed on its behalf by the undersigned thereunto duly authorized on this
7th day of January, 2011.
CORPORATE ASSET BACKED CORPORATION,
as Depositor of CABCO Trust for J.C. Penney Debentures |
||||
By: | /s/ George Baldwin | |||
Name: | George Baldwin | |||
Title: | Vice President |
EXHIBIT INDEX
Exhibit | ||||
4.1 | AGREEMENT OF REMOVAL, APPOINTMENT AND ACCEPTANCE, dated as of January 3, 2011 by and among
Corporate Asset Backed Corporation, a Delaware corporation, The Bank of New York Mellon (successor
to United States Trust Company of New York) a New York State-chartered bank, and U.S. Bank National
Association, a national banking association duly organized and existing under the laws of the
United States of America (filed herewith). |