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
Date of Report (Date of earliest event reported) February 15, 2005
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Commission Registrant, State of Incorporation, I.R.S. Employer
File Number Address and Telephone Number Identification No.
1-3526 The Southern Company 58-0690070
(A Delaware Corporation)
270 Peachtree Street, N.W.
Atlanta, Georgia 30303
(404) 506-5000
The address of the registrant has not changed since the 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:
[] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
[] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
Effective February 15, 2005, The Bank of New York Trust Company, N.A.
was appointed as (i) successor Property Trustee to Deutsche Bank Trust Company
Americas, formerly known as Bankers Trust Company ("Deutsche Bank") under (A)
that certain Amended and Restated Trust Agreement of Southern Company Capital
Trust I ("Trust I") dated as of February 1, 1997 by and among Southern Company
Capital Funding, Inc. (the "Company"), Deutsche Bank, Deutsche Bank Trust
Company Delaware ("Deutsche Bank Delaware"), Wayne Boston, Richard Childs and
the several Holders (as defined therein), (B) that certain Amended and Restated
Trust Agreement of Southern Company Capital Trust II ("Trust II") dated as of
February 1, 1997 by and among the Company, Deutsche Bank, Deutsche Bank
Delaware, Wayne Boston, Richard Childs and the several Holders (as defined
therein) and (C) that certain Amended and Restated Trust Agreement of Southern
Company Capital Trust VI ("Trust VI") dated as of July 1, 2002 by and among the
Company, Deutsche Bank, Deutsche Bank Delaware, Wayne Boston, Sam H. Dabbs, Jr.
and the several Holders (as defined therein); (ii) successor Indenture Trustee
to Deutsche Bank under (A) that certain Subordinated Note Indenture dated as of
February 1, 1997 by and among the Company, The Southern Company ("Southern") and
Deutsche Bank and all indentures supplemental thereto and (B) that certain
Subordinated Note Indenture dated as of June 1, 1997 by and among the Company,
Southern and Deutsche Bank and all indentures supplemental thereto and (iii)
successor Guarantee Trustee to Deutsche Bank under (A) that certain Guarantee
Agreement dated as of February 1, 1997 between Southern and Deutsche Bank with
regard to the capital securities of Trust I, (B) that certain Guarantee
Agreement dated as of February 1, 1997 between Southern and Deutsche Bank with
regard to the capital securities of Trust II, and (C) that certain Guarantee
Agreement dated as of July 1, 2002 between Southern and Deutsche Bank with
respect to the preferred securities of Trust VI.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
25.1 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Trustee under Subordinated Note
Indenture dated as of February 1, 1997.
25.2 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Subordinated Note Indenture Trustee
under Subordinated Note Indenture dated as of June 1,
1997.
25.3 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Property Trustee, relating to
Southern Company Capital Trust I.
25.4 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Guarantee Trustee, relating to
Southern Company Capital Trust I.
25.5 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Property Trustee, relating to
Southern Company Capital Trust II.
25.6 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Guarantee Trustee, relating to
Southern Company Capital Trust II.
25.7 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Property Trustee, relating to
Southern Company Capital Trust VI.
25.8 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Guarantee Trustee, relating to
Southern Company Capital Trust VI.
25.9 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Property Trustee, relating to
Southern Company Capital Trust VII.
25.10 Statement of Eligibility under Trust Indenture Act of
1939, as amended, of The Bank of New York Trust
Company, N.A., as Guarantee Trustee, relating to
Southern Company Capital Trust VII.
SIGNATURE
Pursuant to the requirements of the Securities Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Date: February 15, 2005 THE SOUTHERN COMPANY
By /s/Tommy Chisholm
Tommy Chisholm
Secretary