Berkshire Hathaway Finance Corporation Exchange Offer Instructions for Floating Rate Senior Notes Due 2011
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Summary
This document provides instructions for beneficial owners to participate in Berkshire Hathaway Finance Corporation's offer to exchange up to $1.5 billion of its Floating Rate Senior Notes due 2011, guaranteed by Berkshire Hathaway Inc., for any and all outstanding notes of the same series. Participants must confirm they are not affiliates, are not distributing the notes, and are acquiring them in the ordinary course of business. Broker-dealers must deliver a prospectus if reselling the exchanged notes. The agreement outlines how to tender notes and the representations required from participants.
EX-4.12 12 v38173exv4w12.htm EXHIBIT 4.12 exv4w12
EXHIBIT 4.12
BERKSHIRE HATHAWAY FINANCE CORPORATION
OFFER TO EXCHANGE
$1,500,000,000 principal amount of its Floating Rate Senior Notes Due 2011
unconditionally guaranteed by Berkshire Hathaway Inc., which have been registered
under the Securities Act of 1933, for any and all Floating Rate Senior Notes
Due 2011, unconditionally guaranteed by Berkshire Hathaway Inc.
Instructions from Beneficial Owner
The undersigned acknowledge(s) receipt of your letter and the enclosed Prospectus and the related Letter of Transmittal in connection with the offer by the Company to exchange the Exchange Notes for Outstanding Notes.
This will instruct you to tender the principal amount of Outstanding Notes indicated below held by you for the account of the undersigned, upon the terms and subject to the conditions set forth in the Prospectus and the related Letter of Transmittal.
The undersigned represents that (i) the Exchange Notes acquired pursuant to the Exchange Offer are being obtained in the ordinary course of the undersigned’s business, (ii) the undersigned is not engaging, does not intend to engage, and has no arrangement or understanding with any person to participate in the distribution of such Exchange Notes, (iii) the undersigned is not an “affiliate,” as defined under Rule 405 of the Securities Act, of the Company and (iv) the undersigned is not acting on behalf of any person or entity that could not truthfully make these statements. If the undersigned is a broker-dealer, it acknowledges that it will deliver a copy of the Prospectus in connection with any resale of the Exchange Notes.
Sign Here
Securities which are to be tendered:
Tender all of the Outstanding Notes
Aggregate Principal Amount*
| o Outstanding Notes |
Name(s) (Please Print)
Address
Zip Code
Area Code and Telephone No.
Dated: , 2008
| * | Unless otherwise indicated, it will be assumed that all of the Outstanding Notes listed are to be tendered. |
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