Amendment No. 1 to Asset Purchase Agreement among Fruit of the Loom Entities, New FOL Inc., and Berkshire Hathaway Inc.

Summary

This amendment, dated November 29, 2001, updates the Asset Purchase Agreement originally signed by Fruit of the Loom, Ltd., Fruit of the Loom, Inc., Union Underwear Company, Inc., FTL Caribe, Ltd., New FOL Inc., and Berkshire Hathaway Inc. The amendment changes the closing date in Section 8.01(c) from November 30, 2001, to December 7, 2001. All other terms of the original agreement remain unchanged.

EX-2.1 3 c66607ex2-1.txt AMENDMENT #1 TO ASSET PURCHASE AGREEMENT EXHIBIT 2.1 AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT This AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT (this "Amendment"), dated as of November 29, 2001, by and among Fruit of the Loom, Ltd., a Cayman Islands company, Fruit of the Loom, Inc., a Delaware corporation, Union Underwear Company, Inc., a New York corporation (collectively, "Sellers"), FTL Caribe, Ltd., a Cayman Islands company ("FTL Caribe"), New FOL Inc., a Delaware corporation ("Purchaser"), and Berkshire Hathaway Inc., a Delaware corporation ("Berkshire"). RECITALS WHEREAS, Sellers, FTL Caribe, Purchaser, and Berkshire previously entered into an Asset Purchase Agreement, dated as of November 1, 2001 (the "Asset Purchase Agreement"); and WHEREAS, Sellers, FTL Caribe, Purchaser, and Berkshire wish to amend the Asset Purchase Agreement as provided below; NOW THEREFORE, in consideration of the premises and the mutual agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: AGREEMENT 1. Amendment of Section 8.01(c). The words "November 30, 2001" in Section 8.01(c) of the Asset Purchase Agreement are hereby deleted and replaced with the words "December 7, 2001". 2. No Other Changes. Except as expressly set forth in Section 1 above, all of the provisions of the Asset Purchase Agreement shall remain in full force and effect. 3. Certain Definitions. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them in the Asset Purchase Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above. Fruit of the Loom, Ltd. By: _____________________________ Name: Title: Fruit of the Loom, Inc. By: _____________________________ Name: Title: Fruit of the Loom, Ltd. By: _____________________________ Name: Title: FTL Caribe, Ltd. By: _____________________________ Name: Title: New FOL Inc. By: _____________________________ Name: Marc D. Hamburg Title: President Berkshire Hathaway Inc. By: _____________________________ Name: Marc D. Hamburg Title: Vice President and Chief Financial Officer 2