Registration No. 333-158542

 

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Amendment No. 1 to
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) þ

THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.

(Exact name of trustee as specified in its charter)

Delaware		95-3571558
(State of incorporation		(I.R.S. employer
if not a U.S. national bank)		identification no.)
700 South Flower Street, Suite 500
Los Angeles, California		90017
(Address of principal executive offices)		(Zip code)

(Name, address and telephone number of agent for service)

INVERNESS MEDICAL INNOVATIONS, INC.

(Exact name of obligor as specified in its charter) (See table of additional obligors on following page)

Delaware		04-3565120
(State of incorporation		(I.R.S. employer
if not a U.S. national bank)		identification no.)
51 Sawyer Road, Suite 200		02453
Waltham, Massachusetts		(Zip code)
(Address of principal executive offices)

(Title of the indenture securities)

 

 

TABLE OF ADDITIONAL OBLIGORS

     Some or all of the following direct and indirect wholly owned domestic subsidiaries of Inverness Medical Innovations, Inc. are expected to guarantee the debt securities issued pursuant to the Indenture. The address, including zip code, and telephone number, including area code, of each of the co-obligors is 51 Sawyer Road, Suite 200, Waltham, Massachusetts, 02453, (781) 647-3900:

		State or other
		jurisdiction of
Exact name of additional registrant		incorporation or		I.R.S. Employer
as specified in its charter		organization		Identification Number
Advantage Diagnostics Corporation		Delaware		20-1247157
Alere LLC		Delaware		26-2564744
Alere CDM LLC		Delaware		27-0653943
Alere Healthcare of Illinois, Inc.		Georgia		58-2068880
Alere Health Improvement Company		Delaware		23-2776413
Alere Health Systems, Inc.		Delaware		22-3493126
Alere Medical, Inc.		California		94-3238845
Alere Wellology, Inc.		Delaware		54-1776557
Alere Women’s and Children’s Health, LLC		Delaware		58-2205984
Ameditech Inc.		California		33-0859551
Applied Biotech, Inc.		California		33-0447325
Binax, Inc.		Delaware		20-2507302
Biosite Incorporated		Delaware		33-0288606
Cholestech Corporation		Delaware		94-3065493
First Check Diagnostics Corp.		Delaware		20-8329751
First Check Ecom, Inc.		Massachusetts		33-1026518
Genecare Medical Genetics Center, Inc.		North Carolina		56-1348485
Hemosense, Inc.		Delaware		77-0452938
IM US Holdings, LLC		Delaware		26-0349667
Innovacon, Inc.		Delaware		20-1100264
Innovations Research, LLC		Delaware		20-0653511
Innovative Mobility, LLC		Florida		20-0351538
Instant Technologies, Inc.		Virginia		54-1837621
Inverness Medical, LLC		Delaware		26-0392649
Inverness Medical — Biostar Inc.		Delaware		91-1929582
Inverness Medical Innovations North America, Inc.		Delaware		26-1444559
Inverness Medical International Holding Corp.		Delaware		80-0077873
Inverness Medical International Holding Corp. II		Delaware		20-0963463
Ischemia Technologies, Inc.		Delaware		84-1489537
IVC Industries, Inc.		Delaware		22-1567481
Matria of New York, Inc.		New York		58-1873062
Matritech, Inc.		Delaware		26-1436477
Ostex International, Inc.		Washington		91-1450247
Quality Assured Services, Inc.		Florida		59-3437644
Redwood Toxicology Laboratory, Inc.		California		68-0332937
RTL Holdings, Inc.		Delaware		20-4371685
Selfcare Technology, Inc.		Delaware		04-3383533
Wampole Laboratories, LLC		Delaware		37-1485678

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		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.
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 articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York 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 which is incorporated by reference).
	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) which is incorporated by reference.
	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 which is incorporated by reference).
	4.		A copy of the existing by laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-152875 which is incorporated by reference).
	5.		Not applicable.

	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 which is incorporated by reference).
	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.
	8.		Not applicable.
	9.		Not applicable.

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 Boston, and State of Massachusetts, on the 7^th day of August, 2009.