DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the Issuer, 0000 Xxxxxx Xxxxx, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 2 contracts
Samples: Exchange and Registration Rights Agreement (Berkshire Hathaway Inc), Exchange and Registration Rights Agreement (Berkshire Hathaway Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Clear Channel Worldwide Holdings, Inc. (the “IssuerCompany”) [Title of Securities] 9.25% Series A Senior Notes due 2017 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerClear Channel Worldwide Holdings, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxx Xxxxx Xxxx, Xxxxxxxx Xxx Xxxxxxx, XX 00000, TelephoneAttention: (000) 000-0000General Counsel. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Clear Channel Worldwide Holdings, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”’) a registration statement on Form S-3 [___] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9.25% Series A Senior Notes due 2017 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 2 contracts
Samples: Exchange and Registration Rights Agreement (CC Media Holdings Inc), Exchange and Registration Rights Agreement (Clear Channel Outdoor Holdings, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Amylin Pharmaceuticals, Inc. (the “IssuerCompany”) [Title of Securities] 3.00% Convertible Senior Notes due 2014 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerCompany’s counsel, Xxxxxx Godward LLP, 0000 Xxxxxx Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxx, Xxxxxxxx XX 00000, TelephoneAttention: Xxxxxxx Xxxx, Esq. ((000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway e-mail xxxxx@xxxxxx.xxx. Amylin Pharmaceuticals, Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 3.00% Convertible Senior Notes due 2014 (the “Securities”) and the shares of common stock, par value $0.001 per share (the “Common Stock”), issuable upon conversion thereof, in accordance with the Registration Rights Agreement, dated as of the date of original issuance of the Securities (the “Registration Rights Agreement”), between the Company and the purchasers named therein. A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Response], 2007. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Registration Rights Agreement (Amylin Pharmaceuticals Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Global Crossing Limited (the “IssuerCompany”) [Title of Securities] 12% Senior Secured Notes due 2015 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerGlobal Crossing Limited, 0000 Xxxxxx XxxxxWessex House, Xxxxx00 Xxxx Xxxxxx, Xxxxxxxx 00000HM12, Telephone: Bermuda, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Global Crossing Limited (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 12% Senior Secured Notes due 2015 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Global Crossing LTD)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation FTI Consulting, Inc. (the “IssuerCompany”) [Title of Securities] 7 5/8% Senior Notes due 2013 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerFTI Consulting, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxx, Xxxxxxxx 00000, Telephonetelephone no.: (000) 000-0000, Attention: General Counsel. * Not less than 28 21 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)FTI Consulting, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors listed on Schedule I thereto and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 7 5/8% Senior Notes due 2013 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for For Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Fti Consulting Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ [_________] at the Issuer, 0000 Xxxxxx Xxxxx, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Berkshire Hathaway Inc)
DEADLINE FOR RESPONSE. [DATE] DATE * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Northern Tier Energy LLC’s (the “Issuer”) [Title and Northern Tier Finance Corporation (“Finance Co” and together with the Issuer, the “Issuers”), $290,000,000 aggregate principal amount of Securities] 10.50% Senior Secured Notes due 2017 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor Issuers are in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerNorthern Tier Energy LLC and Northern Tier Finance Corporation: c/o NTR Partners LLC, 0000 Xxxxxx Xxxxx00 Xxxxxxx Xxxx, XxxxxXxxxx 000, Xxxxxxxx Xxxxxxxxxx, XX 00000, TelephoneFacsimile No: (000) 000-0000, Telephone No.: (000) 000-0000, Attention: Xxxx Xxxxxx. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Northern Tier Energy LLC (the “Issuer”), Berkshire Hathaway Inc. Northern Tier Finance Corporation (“Finance Co” and, together with the Issuer, the “GuarantorIssuers”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Issuers has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title Issuers’ $290,000,000 aggregate principal amount of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 10.50% Senior Secured Notes due 2017 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s Issuers’ counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Northern Tier Retail LLC)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation xxxxxxxxx.xxx Incorporated (the “IssuerCompany”) [Title of Securities] 0.50% Convertible Senior Notes due 2011 (the “2011 Notes”) and 0.75% Convertible Senior Notes due 2013 (the “2013 Notes” and, together with the 2011 Notes, the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]____________. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the Issuercontact: xxxxxxxxx.xxx Incorporated, 0000 Xxxxxx XxxxxGeneral Counsel’s Office, Xxxxx000 Xxxxxxxxxxx Xxxxxx, Xxxxxxxx Xxxxxxx, XX 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement Xxxxxxxxx.xxx Incorporated (the “AgreementCompany”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under pursuant to Rule 415 of under the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 0.50% Convertible Senior Notes due 2011 (the “Securities2011 Notes”) and its 0.75% Convertible Senior Notes due 2013 (the “2013 Notes” and, together with the 2011 Notes, the “Notes”), and common stock issuable upon conversion thereof, in accordance with the terms of the Registration Rights Agreement, dated as of September 27, 2006 (the “Registration Rights Agreement”), between the Company and the purchasers named therein (the “Purchasers”). A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a prospectus supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]herein. Beneficial Unless the Company otherwise consents, beneficial owners of the Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and related Prospectus and (ii) may not use sell their Registrable Securities pursuant thereto. Following the Prospectus forming Company’s receipt of a part thereof for resales of completed and signed Notice and Questionnaire, the Company will include the Registrable SecuritiesSecurities covered thereby in the Shelf Registration Statement, subject to certain restrictions described in the Registration Rights Agreement. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Amylin Pharmaceuticals, Inc. (the “IssuerCompany”) [Title of Securities[ %] Convertible Senior Notes due 2008 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerCompany’s counsel, Xxxxxx Godward LLP, 0000 Xxxxxx Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxx, Xxxxxxxx XX 00000, TelephoneAttention: Xxxxxxx X. Xxxxxx, Esq. ((000) 000-0000). * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Amylin Pharmaceuticals, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor % Convertible Senior Notes due June 30, 2008 (the “Securities”) and the shares of common stock, par value $0.001 per share (the “Common Stock”), issuable upon conversion thereof, in accordance with the Registration Rights Agreement, dated as of the date of original issuance of the Securities (the “Registration Rights Agreement”), between the Company and the purchasers named therein. A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Response], 2003. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Registration Rights Agreement (Amylin Pharmaceuticals Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Xxxxxxx Xxxx Holdings, Inc. (the “IssuerCompany”) [Title of Securities] 8.375% Senior Subordinated Notes due 2012 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerXxxxxxx Xxxx Holdings, Inc., 0000 Xxxxxx XxxxxX. Xxxxx Xxxxxxx 000, XxxxxXxxxx 000, Xxxxxxxx Xxxxxx, Xxxxx 00000, TelephoneTel: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Xxxxxxx Xxxx Holdings, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Purchasers named therein and the Purchaser named thereinsubsidiaries of the Company party thereto. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 8.375% Senior Subordinated Notes due 2012 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Bell Powersports, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Xxxxxxxx Offshore Services, Inc. (the “IssuerCompany”) [Title of Securities] 5.875% Senior Notes due 2020 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerXxxxxxxx Offshore Services, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxxx 00000Xxxxx 000, Telephone: Xxxxxxxxx, Louisiana 70433 (telephone (000) 000-0000. * Not less than 28 calendar days from date of mailing). Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Xxxxxxxx Offshore Services, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 5.875% Senior Notes due 2020 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Hornbeck Offshore Services Inc /La)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Xxxxxxxx Offshore Services, Inc. (the “IssuerCompany”) [Title of Securities] 6.125% Senior Notes due 2014 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerXxxxxxxx Offshore Services, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxxx 00000Xxxxx 000, Telephone: Xxxxxxxxx, Xxxxxxxxx 00000 (telephone (000) 000-0000). * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Xxxxxxxx Offshore Services, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 6.125% Senior Notes due 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Hornbeck Offshore Services Inc /La)
DEADLINE FOR RESPONSE. [DATE] * a The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Valeant Pharmaceuticals International (the “IssuerCompany”) [Title of Securities] 8.375% Senior Notes due 2016 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response[ ]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerValeant Pharmaceuticals International, 0000 Xxxxxx Xxx Xxxxxxxxxx, Xxxxx Xxxxx, Xxxxx, Xxxxxxxx Xxxxxxxxxx 00000, Telephone: (000) 000-0000. * a Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Valeant Pharmaceuticals International (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [___] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 8.375% Senior Notes (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response[ ]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Valeant Pharmaceuticals International)
DEADLINE FOR RESPONSE. [DATE] ]* The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] 11.50% Senior Notes due 2018 (the “Securities”)) issued by SITEL, which are unconditionally LLC and irrevocably guaranteed by Berkshire Hathaway Inc. SITEL Finance Corp. (the “GuarantorIssuers”), ) are held. The Issuer and the Guarantor Issuers are in the process of registering the Securities under the Securities Act of 1933 1933, as amended, for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerSITEL, LLC and SITEL Finance Corp. at: SITEL Worldwide Corporation Two American Center 0000 Xxxxxx XxxxxXxxx Xxx Xxxxxx, XxxxxXxxxx 0000 Xxxxxxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. Xxxxxxxxx 00000 * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway SITEL, LLC and SITEL Finance Corporation Corp. (collectively, the “IssuerIssuers”), Berkshire Hathaway Inc. (the “Guarantor”) Guarantors on the signature pages thereto and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has Issuers have filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor Issuers’ 11.50% Senior Notes due 2018 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s Issuers’ counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Catalog Resources, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation 12.5%/15.0% Senior Subordinated Notes due 2016 (the “Securities”) issued by RADIO ONE, INC. (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 1933, as amended, for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerRADIO ONE, 0000 INC. at: RADIO ONE, INC. 5000 Xxxxxxxx Xxxxxx XxxxxXxxxxxx 0xx Xxxxx Xxxxxx, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * XX 20706 *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation RADIO ONE, INC. (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) Guarantors on the signature pages thereto and the Purchaser Participants named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has filed or will file with the United States Securities and Exchange Commission (the “CommissionSEC”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 12.5%/15.0% Senior Subordinated Notes due 2016 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the SEC’s website at wxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders security holders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder security holder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder security holder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Radio One, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Xxxxxxx Foods Group, Inc. (the “IssuerCompany”) [Title of Securities] 9.750% Senior Notes due 2018 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerXxxxxxx Foods Group, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxxxxx Xxxxxxx, Xxxxxxxx 00000Suite 400, Telephone: Minnetonka, Minnesota, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Xxxxxxx Foods Group, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Purchasers named therein and the Purchaser named other parties therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9.750% Senior Notes due 2018 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Michael Foods Group, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation The Clorox Company (the “IssuerCompany”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the The Clorox Company, [Address and Telephone Number of Issuer, 0000 Xxxxxx Xxxxx, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing]. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between The Clorox Company (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Clorox Co /De/)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Brookstone Company, Inc. (the “IssuerCompany”) [Title of Securities] 12.00% Second Lien Senior Secured Notes due 2012 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerBrookstone Company, 0000 Xxxxxx XxxxxInc., XxxxxXxx Xxxxxxxxxx Xxx, Xxxxxxxx Xxxxxxxxx, Xxx Xxxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Brookstone Company, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 12.00% Second Lien Senior Secured Notes due 2012 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Advanced Audio Concepts, LTD)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities €[ ] 8.000% Euro-denominated Senior Notes due 2010 (the “Securities”) under the Securities Act of 1933 1933, as amended (the “Securities Act”) for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerRhodia, 0000 Xxxxxx 00 xxxx Xxxxxxxx Xx Xxxxx, Xxxxx92512 Boulogne–Billancourt Cedex, Xxxxxxxx 00000France, TelephoneAttention: (000) 000-0000. * Not less than 28 calendar days from date of mailing[ ]; Tel.: [ ]. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Rhodia S.A. (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [•] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s Company's €[Title of Securities•] which are unconditionally and irrevocably guaranteed by the Guarantor 8.000% Euro-denominated Senior Notes due 2010 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s Company's counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Rhodia)
DEADLINE FOR RESPONSE. [DATE] •], 2012* The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation The Xxxxxxx Xxxxxx Corporation’s (the “IssuerCompany”) [Title of Securities] 3.225% Senior Notes due 2022 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response•], 2012. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] The Xxxxxxx Xxxxxx Corporation, Attn: General Counsel at the Issuer000 Xxxx Xx., 0000 Xxxxxx XxxxxXxx Xxxxxxxxx, XxxxxXX 00000 or Attn: Corporate Secretary at 000 Xxxx Xx., Xxxxxxxx Xxx Xxxxxxxxx, XX 00000, Telephone: (000) 000-0000. * *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance between The Xxxxxxx Xxxxxx Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Dealer Managers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [S-3], or a prospectus supplement under the Company’s automatic shelf registration (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 3.225% Senior Notes due 2022 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response•], 2012. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Schwab Charles Corp)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Freescale Semiconductor, Inc. (the “IssuerCompany”) [Title of Securities] 7.125% Senior Notes due 2014 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerFreescale Semiconductor, Inc., 0000 Xxxx Xxxxxx XxxxxXxxx, XxxxxAustin, Xxxxxxxx 00000Texas 78729, Telephone: (000) 000-0000. * [Not less than 28 calendar days from date of mailing. .] Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Freescale Semiconductor, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 7.125% Senior Notes due 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined belowin the Exchange and Registration Rights Agreement) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders Holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.. The undersigned holder (the “Selling Securityholder”) of Registrable Securities hereby elects to include in the Shelf Registration Statement the Registrable Securities beneficially owned by it and listed below in Item (3). The undersigned, by signing and returning this Notice and Questionnaire, agrees to be bound with respect to such Registrable Securities by the terms and conditions of this Notice and Questionnaire and the Exchange and Registration Rights Agreement, including, without limitation, Section 6 of the Exchange and Registration Rights Agreement, as if the undersigned Selling Securityholder were an original party thereto. Upon any sale of Registrable Securities pursuant to the Shelf Registration Statement, the Selling Securityholder will be required to deliver to the Company and Trustee the Notice of Transfer set forth in Appendix A to the Prospectus and as Exhibit B-3 to the Exchange and Registration Rights Agreement. The Selling Securityholder hereby provides the following information to the Company and represents and warrants that such information is accurate and complete:
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Freescale Semiconductor Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Global Brass and Copper, Inc. (the “IssuerCompany”) [Title of Securities] 9.500% Senior Secured Notes due 2019 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerGlobal Brass and Copper, 0000 Xxxxxx XxxxxInc., Xxxxx000 X. Xxxxxxxxxx Xxxx Xxxxx 0000, Xxxxxxxx Xxxxxxxxxx, XX 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Global Brass and Copper, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9.500% Senior Secured Notes due 2019 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Global Brass & Copper Holdings, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance 6.625% Senior Notes due 2021 (the “Securities”) of MagnaChip Semiconductor Corporation (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response[ ]. .* Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact the Issuer at [ ] at the Issuer, 0000 Xxxxxx Xxxxx, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000]. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance MagnaChip Semiconductor Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser Initial Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 6.625% Senior Notes due 2021 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response[ ]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (MAGNACHIP SEMICONDUCTOR Corp)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Rhodia (the “IssuerCompany”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerRhodia, 0000 Xxxxxx 00 xxxx Xxxxxxxx Xx Xxxxx, Xxxxx92512 Boulogne–Billancourt Cedex, Xxxxxxxx 00000France, TelephoneAttention: (000) 000-0000[•]; Tel.: [•]. * *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Rhodia (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Rhodia)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation MDC Partners Inc. (the “IssuerCompany”) [Title of Securities] 11% Senior Notes due 2016 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerMDC Partners Inc., 0000 Xxxxxx 000 Xxxxx Xxxxxx, 0xx Xxxxx, XxxxxXxx Xxxx, Xxxxxxxx Xxx Xxxx, 00000, Telephone; Telephone No.: (000) 000-0000. * _______________________ *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between MDC Partners, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of $65,000,000 the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 11% Senior Notes due 2016 (the “Securities”)) issued by the Company on May 14, 2010. A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (MDC Partners Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance NewPage Corporation (the “IssuerCompany”) [Title of Securities] 10.0% Senior Secured Notes due 2012 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerNewPage Corporation, 0000 Xxxxxx Xxxxx Xxxxx, XxxxxXxxxxxxxxx, Xxxxxxxx Xxxx 00000, TelephoneAttention: Corporate Secretary, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance between NewPage Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 10% Senior Secured Notes due 2012 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (NewPage CORP)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation J. Crew Group, Inc.’s (the “IssuerCompany”) [Title of Securities] 8.125% Senior Notes due 2019 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response[ ]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] J. Crew Group, Inc. at the Issuer000 Xxxxxxxx, 0000 Xxxxxx XxxxxXxx Xxxx, Xxxxx, Xxxxxxxx XX 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Registration Rights Agreement”) among Berkshire Hathaway Finance between Chinos Acquisition Corporation and the Purchasers named therein (the “IssuerPurchasers”), Berkshire Hathaway as supplemented by the Registration Rights Agreement Joinder between J. Crew Group, Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser named thereinPurchasers (the “Registration Rights Agreement Joinder”; the Registration Rights Agreement, as supplemented by the Registration Rights Agreement Joinder, the “Exchange and Registration Rights Agreement”). Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 8.125% Senior Notes due 2019 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined belowin the Exchange and Registration Rights Agreement) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response[ ]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.. The undersigned holder (the “Selling Securityholder”) of Registrable Securities hereby elects to include in the Shelf Registration Statement the Registrable Securities beneficially owned by it and listed below in Item (3). The undersigned, by signing and returning this Notice and Questionnaire, agrees to be bound with respect to such Registrable Securities by the terms and conditions of this Notice and Questionnaire and the Exchange and Registration Rights Agreement, including, without limitation, Section 6 of the Exchange and Registration Rights Agreement, as if the undersigned Selling Securityholder were an original party thereto. Pursuant to the Exchange and Registration Rights Agreement, the undersigned has agreed to indemnify and hold harmless the Company, its officers who sign any Shelf Registration Statement, and each person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act of 1934, as amended (the “Exchange Act”), against certain losses arising out of an untrue statement, or the alleged untrue statement, of a material fact in the Shelf Registration Statement or the related prospectus or the omission, or alleged omission, to state a material fact required to be stated in such Shelf Registration Statement or the related prospectus, but only to the extent such untrue statement or omission, or alleged untrue statement or omission, was made in reliance on and in conformity with the information provided in this Notice and Questionnaire. Upon any sale of Registrable Securities pursuant to the Shelf Registration Statement, the Selling Securityholder will be required to deliver to the Company and Trustee the Notice of Transfer set forth in Appendix A to the Prospectus and as Exhibit B to the Exchange and Registration Rights Agreement. The Selling Securityholder hereby provides the following information to the Company and represents and warrants that such information is accurate and complete:
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (J Crew Group Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Koppers Inc. (the “IssuerCompany”) [Title of Securities] 7.875% Senior Notes due 2019 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerKoppers Inc. 000 Xxxxxxx Xxxxxx, 0000 Xxxxxx XxxxxXxxxxxxxxx, Xxxxx, Xxxxxxxx 00000, TelephoneXxxxxxxxxxxx 00000 Facsimile No.: Facsimile No.: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway Koppers Inc. (the “GuarantorCompany”) ), Koppers Holdings Inc., the subsidiary guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 7.875% Senior Notes due 2019 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Koppers Holdings Inc.)
DEADLINE FOR RESPONSE. [DATE] * 1 The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Hawaiian Telcom Communications, Inc. (the “IssuerCompany”) [Title of Securities$150,000,000 Senior Floating Rate Notes due 2013/$200,000,000 9 3/4% Senior Notes due 2013/$150,000,000 12 1/2% Senior Subordinated Notes due 2015] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerHawaiian Telcom Communications, Inc., 0000 Xxxxxx XxxxxXxxxxx, XxxxxHonolulu, Xxxxxxxx 00000Hawaii 96813, TelephoneTel: (000) 000-0000. * 1 Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Hawaiian Telcom Communications, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities$150,000,000 Senior Floating Rate Notes due 2013/$200,000,000 9 3/4% Senior Notes due 2013/$150,000,000 12 1/2% Senior Subordinated Notes due 2015] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Hawaiian Telcom Communications, Inc.)
DEADLINE FOR RESPONSE. [DATE] * DATE]1 The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation iHeartCommunications, Inc. (the “IssuerCompany”) [Title of Securities] 9.0% Priority Guarantee Notes due 2022 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssueriHeartCommunications, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxx Xxxxx Xxxx, Xxxxxxxx Xxx Xxxxxxx, XX 00000, TelephoneAttention: (000) 000-0000General Counsel. * 1 Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between iHeartCommunications, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9.0% Priority Guarantee Notes due 2022 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (iHeartCommunications, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Titan International, Inc. (the “IssuerCompany”) [Title of Securities] 7.875% Senior Secured Notes due 2017 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerTitan International, 0000 Inc., 2000 Xxxxxx XxxxxXxxxxx, XxxxxXxxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000, Attention: Office of General Counsel. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Titan International, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Initial Purchaser named therein. Pursuant to the Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 7.875% Senior Secured Notes due 2017 (the “Securities”). A copy of the Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Titan International Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation AAC Group Holding Corp. (the “IssuerCompany”) [Title of Securities] 10.25% Senior Discount Notes due October 1, 2012 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerAAC Group Holding Corp., 0000 7000 Xxxxxx XxxxxX Xxxx, XxxxxXxxxxx, Xxxxxxxx Xxxxx 00000, TelephoneTel: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between AAC Group Holding Corp. (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Gxxxxxx, Sxxxx & Co. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 10.25% Senior Discount Notes due October 1, 2012 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (AAC Group Holding Corp.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation MDC Partners Inc. (the “IssuerCompany”) [Title of Securities] 11% Senior Notes due 2016 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerMDC Partners Inc., 0000 Xxxxxx 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 10022 (and on and subsequent to the date of July 1, 2011, 000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxx Xxx Xxxx, XX 00000, Telephone); Telephone No.: (000) 000-0000. * *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)MDC Partners, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of $55,000,000 the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 11% Senior Notes due 2016 (the “Securities”)) issued by the Company on April 19, 2011. A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (MDC Partners Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation JohnsonDiversey Holdings, Inc. (the “IssuerCompany”) [Title of Securities] 10.67% Senior Discount Notes due 2013 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerJohnsonDiversey Holdings, Inc., 0000 Xxxxxx Xxxxx00xx Xxxxxx, XxxxxX.X. Xxx 000, Xxxxxxxx 00000Xxxxxxxxxx, Telephone: WI 53177-0902, (000) 000-0000, Attention: Chief Financial Officer. JohnsonDiversey Holdings, Inc. * Not less than 28 calendar days from date of mailing. mailing Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between JohnsonDiversey Holdings, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 10.67% Senior Discount Notes due 2013 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Johnsondiversey Holdings Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Global Crossing Limited (the “IssuerCompany”) [Title of Securities] 9% Senior Notes due 2019 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerGlobal Crossing Limited, 0000 Xxxxxx XxxxxWessex House, Xxxxx40 Xxxx Xxxxxx, Xxxxxxxx 00000Hxxxxxxx HM12, Telephone: Bermuda, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Global Crossing Limited (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9% Senior Notes due 2019 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at wxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Global Crossing LTD)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation MDC Partners Inc. (the “IssuerCompany”) [Title of Securities] 11% Senior Notes due 2016 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerMDC Partners Inc., 0000 Xxxxxx 700 Xxxxx Xxxxxx, 00xx Xxxxx, XxxxxXxx Xxxx, Xxxxxxxx XX 00000, Telephone; Telephone No.: (000) 000-0000. * *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)MDC Partners, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of $80,000,000 the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 11% Senior Notes due 2016 (the “Securities”)) issued by the Company on December 10, 2012. A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at wxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (MDC Partners Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Connetics Corporation (the “IssuerCompany”) [Title of Securities] 2.00% Convertible Senior Notes due March 30, 2015 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerConnetics Corporation, 0000 3000 Xxxxxx Xxxxx, XxxxxPalo Alto, Xxxxxxxx 00000California 94304, Telephone: (000) 000-0000, attention: Corporate Secretary. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Connetics Corporation Connetics Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 2.00% Senior Convertible Notes due March 30 , 2015 (the “Securities”) and the shares of common stock, par value $0.001 per share (the “Common Stock”), and Series C Preferred Stock, par value $0.001 per share (the “Series C Preferred Stock”), issuable upon conversion thereof, in accordance with the Registration Rights Agreement, dated as of the date of original issuance of the Securities (the “Registration Rights Agreement”), between the Company and the purchasers named therein. A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Clearwater Paper Corporation (the “IssuerCompany”) [Title of Securities] 10 5/8% Senior Notes due 2016 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerClearwater Paper Corporation, 0000 Xxxxxx Xxxxx000 X. Xxxxxxxxx Xxxxxx, XxxxxXxxxx 0000, Xxxxxxxx Xxxxxxx, Xxxxxxxxxx 00000, TelephoneAttention: (000) 000-0000Chief Financial Officer. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Clearwater Paper Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of under the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 10 5/8% Senior Notes due 2016 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Clearwater Paper Corp)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Abitibi-Consolidated Company of Canada (the “IssuerCompany”) [Title of Securities] 13.75% Senior Secured Notes due 2011 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerAbitibi-Consolidated Company of Canada, 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxx, Xxxxxx XxxxxX0X 0X0, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation Abitibi-Consolidated Company of Canada (the “IssuerCompany”), Berkshire Hathaway Inc. (the “Guarantor”) Guarantors and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 13.75% Senior Secured Notes (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (AbitibiBowater Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“"DTC”") has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] (the “Securities”)Interpool, which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), "Company") 6% Senior Notes due 2014 (the "Securities") are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerInterpool, 0000 Inc., 000 Xxxxxxx Xxxx Xxxx, Xxxxxxxxx, Xxx Xxxxxx Xxxxx, Xxxxx, Xxxxxxxx 00000, TelephoneTel: (000) 000-0000. * _______________ *Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Notes Registration Rights Agreement (the “"Notes Registration Rights Agreement”") among Berkshire Hathaway Finance Corporation (the “Issuer”)between Interpool, Berkshire Hathaway Inc. (the “Guarantor”"Company") and the Purchaser Purchasers named therein. Pursuant to the Notes Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “"Commission”") a registration statement on Form S-3 Form[__] (the “"Shelf Registration Statement”") for the registration and resale under Rule 415 Rule415 of the Securities Act of 1933, as amended (the “"Securities Act”"), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor Company's 6% Senior Notes due 2014 (the “"Securities”"). A copy of the Notes Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Notes Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“"Notice and Questionnaire”") must be completed, executed and delivered to the Issuer’s Company's counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will i)will not be named as selling securityholders in the Shelf Registration Statement and (ii) may ii)may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Notes Registration Rights Agreement (Interpool Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance NewPage Corporation (the “IssuerCompany”) [Title of Securities] 11.375% Senior Secured Notes due 2014 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerNewPage Corporation, 0000 Xxxxxx Xxxxx Xxxxx, XxxxxXxxxxxxxxx, Xxxxxxxx Xxxx 00000, TelephoneAttention: Corporate Secretary, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance between NewPage Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 11.375% Senior Secured Notes due 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (NewPage CORP)
DEADLINE FOR RESPONSE. [DATE] * a The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Burlington Coat Factory Warehouse Corporation (the “IssuerCompany”) [Title of Securities] Senior Notes due 2019 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerBurlington Coat Factory Warehouse Corporation, 0000 Xxxxxx Xxxxx 000 Xxxxx, XxxxxXxxxxxxxxx, Xxxxxxxx Xxx Xxxxxx 00000, TelephoneAttention: (000) 000-0000General Counsel [Telephone Number]. * a Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance between Burlington Coat Factory Warehouse Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor Senior Notes due 2019 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Burlington Coat Factory Investments Holdings, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Freescale Semiconductor, Inc. (the “IssuerCompany”) [Title of Securities] Floating Rate Senior Notes due 2009 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerFreescale Semiconductor, Inc., 0000 Xxxx Xxxxxx XxxxxXxxx, XxxxxAustin, Xxxxxxxx 00000Texas 78729, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Freescale Semiconductor, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor Floating Rate Senior Notes due 2009 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Freescale Semiconductor Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation 6.500% Bonds due 2041 (CUSIP Nos. 00000XXX0 and X00000XX0) (the “Securities”) of Petróleos Mexicanos (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerPetróleos Mexicanos, 0000 Xxxxxxx Xxxxxx XxxxxXxxxxxxx 000, XxxxxXxxxx Xxxxxxxxx, Xxxx 00, Gerencia de Financiamientos y Xxxxxxxx 00000xx Xxxxxxx, TelephoneMexico D.F. 11311, Mexico, Facsimile Transmission No. 011-5255-1944-8253, Attention: (000) 000-0000Associate Managing Director of Finance. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement dated June 2, 2011 (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between Petróleos Mexicanos (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has filed intends to file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally 6.500% Bonds due 2041 (CUSIP Nos. 00000XXX0 and irrevocably guaranteed by the Guarantor X00000XX0) (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Pemex Gas & Basic Petrochemicals)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Greektown Superholdings, Inc. (the “IssuerCompany”) [Title of Securities] Series A 13% Senior Secured Notes due June 30, 2015 and/or Series B 13% Senior Secured Notes due June 30, 2015 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerGreektown Superholdings, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. _________________________ * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Greektown Superholdings, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally Series A 13% Senior Secured Notes due June 30, 2015 and irrevocably guaranteed by the Guarantor Series B 13% Senior Secured Notes due June 30, 2015 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Greektown Superholdings, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the Issuer, 0000 Xxxxxx Xxxxx, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 20 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation NEXTWAVE WIRELESS INC. (the “Issuer”Company), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser Purchasers named therein. Pursuant to the Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 ______ (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor Companys Common Stock (the “Securities”). A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s Companys counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for For Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.. The term Registrable Securities is defined in the Registration Rights Agreement. The undersigned holder (the Selling Securityholder) of Registrable Securities hereby elects to include in the Shelf Registration Statement the Registrable Securities beneficially owned by it and listed below in Item (3). The undersigned, by signing and returning this Notice and Questionnaire, agrees to be bound with respect to such Registrable Securities by the terms and conditions of this Notice and Questionnaire and the Registration Rights Agreement, including, without limitation, Section 6 of the Registration Rights Agreement, as if the undersigned Selling Securityholder were an original party thereto. The Selling Securityholder hereby provides the following information to the Company and represents and warrants that such information is accurate and complete:
Appears in 1 contract
Samples: Second Lien Subordinated Note Purchase Agreement (NextWave Wireless Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation 4.875% Notes due 2022 (CUSIP Nos. 00000XXX0 and 00000XXX0) (the “Securities”) of Petróleos Mexicanos (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerPetróleos Mexicanos, 0000 Xxxxxxx Xxxxxx XxxxxXxxxxxxx 000, XxxxxXxxxx Xxxxxxxxx, Xxxx 00, Gerencia de Financiamientos y Xxxxxxxx 00000xx Xxxxxxx, TelephoneMexico D.F. 11311, Mexico, Facsimile Transmission No. 011-5255-1944-8253, Attention: (000) 000-0000Associate Managing Director of Finance. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement dated January 24, 2012 (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation Petróleos Mexicanos (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has filed intends to file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally 4.875% Notes due 2022 (CUSIP Nos. 00000XXX0 and irrevocably guaranteed by the Guarantor 00000XXX0) (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Pemex Gas & Basic Petrochemicals)
DEADLINE FOR RESPONSE. [DATE] * DATE]1 The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation [MTW Foodservice Escrow Corp.][Manitowoc Foodservice, Inc.] (the “Issuer”) [Title of Securities] 9.500% Senior Notes due 2024 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the Issuer[The Manitowoc Company, Inc., 0000 Xxxxxx XxxxxXxxxx 00xx Xxxxxx, XxxxxXxxxxxxxx, Xxxxxxxx XX 00000, Telephone: (000) 000-0000, Attention: Xxxxxxx Xxxxxxx][ Manitowoc Foodservice, Inc., 0000 Xxxxxxx Xxxxxxxxx, Xxx Xxxx Xxxxxxx, FL 34655, Attention: Xxxxxxx Xxxxxxx]. * 1 Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation between MTW Foodservice Escrow Corp. (the “Escrow Issuer”)) and Xxxxxxx, Berkshire Hathaway Xxxxx & Co., as representative of the Initial Purchasers named in Schedule 1 to the Purchase Agreement (as defined in the Exchange and Registration Rights Agreement) [as supplemented by the Joinder Agreement among Manitowoc Foodservice, Inc. (the “GuarantorCompany”) and the Purchaser named thereinguarantors party thereto (the “Guarantors”)]. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9.500% Senior Notes due 2024 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have has been filed as an exhibit to the meanings ascribed thereto in Shelf Registration Statement and can be obtained from the AgreementCommission’s website at xxx.xxx.xxx. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.prospectus. The undersigned holder (the “Selling Securityholder”) of Registrable Securities hereby elects to include in the Shelf Registration Statement the Registrable Securities beneficially owned by it and listed below in Item (3). The undersigned, by signing and returning this Notice and Questionnaire, agrees to be bound with respect to such Registrable Securities by the terms and conditions of this Notice and Questionnaire and the Exchange and Registration Rights Agreement, including, without limitation, Section 6 of the Exchange and Registration Rights Agreement, as if the undersigned Selling Securityholder were an original party thereto. Pursuant to the Exchange and Registration Rights Agreement, the undersigned has agreed to indemnify and hold harmless the Issuer, its officers who sign any Shelf Registration Statement, and each person, if any, who controls the Issuer within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act of 1934, as amended (the “Exchange Act”), against certain losses arising out of an untrue statement, or the alleged untrue statement, of a material fact in the Shelf Registration Statement or the related prospectus or the omission, or alleged omission, to state a material fact required to be stated in such Shelf Registration Statement or the related prospectus, but only to the extent such untrue statement or omission, or alleged untrue statement or omission, was made in reliance on and in conformity with the information provided in this Notice and Questionnaire. Upon any sale of Registrable Securities pursuant to the Shelf Registration Statement, the Selling Securityholder will be required to deliver to the Issuer and Trustee the Notice of Transfer set forth in Appendix A to the Prospectus and as Exhibit B to the Exchange and Registration Rights Agreement. The Selling Securityholder hereby provides the following information to the Issuer and represents and warrants that such information is accurate and complete:
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Manitowoc Foodservice, Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Micron Technology, Inc. (the “IssuerCompany”) [Title of Securities] 2.50% Convertible Subordinated Notes due February 1, 2010 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerSenior Assistant General Counsel, Micron Technology, Inc., 0000 Xxxxxx Xxxxx Xxxxxxx Xxx Xxxxx, Xxxxx, Xxxxxxxx XX 00000, Telephone: (000208) 000-0000or (208) . * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Micron Technology, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 2.50% Convertible Subordinated Notes due February 1, 2010 (the “Securities”) and the shares of common stock, par value $0.10 per share (the “Common Stock”), issuable upon conversion thereof, in accordance with the Registration Rights Agreement, dated as of the date of the original issuance of the Securities (the “Registration Rights Agreement”), between the Company and the purchasers named therein. A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Responseinsert date that is 28 days from the date of the Notice and Questionnaire]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Notwithstanding the foregoing, upon the request of any Holder of Registrable Securities that did not return a Notice and Questionnaire on a timely basis or did not receive a Notice and Questionnaire because it was a subsequent transferee of Registrable Securities after the Company mailed the Notice and Questionnaire, (x) the Company shall distribute a Notice and Questionnaire to such Holders at the address set forth in the request and (y) upon receipt of a properly completed Notice and Questionnaire from such Holder, the Company shall use its reasonable efforts to name such Holder as a selling securityholder in the Shelf Registration Statement by means of a pre-effective amendment or, if permitted by the Commission, by means of a Prospectus supplement to the Shelf Registration Statement; provided, however, that the Company shall have no obligation to pay Liquidated Damages to such Holder for its failure to file a pre-effective amendment or Prospectus supplement and; provided, further, that the Company will have no obligation to add a Holder to the Shelf Registration Statement if a post-effective amendment would be necessary to name such Holder as a selling securityholder. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Registration Rights Agreement (Micron Technology Inc)
DEADLINE FOR RESPONSE. [DATE] * DATE]1 The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Clear Channel Communications, Inc. (the “IssuerCompany”) [Title of Securities] 9.0% Priority Guarantee Notes due 2022 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerClear Channel Communications, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxx Xxxxx Xxxx, Xxxxxxxx Xxx Xxxxxxx, XX 00000, TelephoneAttention: (000) 000-0000General Counsel. * 1 Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Clear Channel Communications, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 9.0% Priority Guarantee Notes due 2022 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Clear Channel Communications Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities Notes through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerXXXX Financial Corp., 0000 Xxx Xxxxxx XxxxxXxxxxx, XxxxxXxxxx 000, Xxxxxxxx Xxx Xxxx, Xxx Xxxxxx 00000, TelephoneAttention: (000) 000-0000[ ]. * Not less than 28 calendar days from date XXXX FINANCIAL PARTNERS, X.X. XXXX FINANCIAL CORP. Notice of mailing. Reference is hereby made to the Exchange Registration Statement and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer Selling Securityholder Questionnaire XXXX Financial Corp. has filed with the United States Securities and Exchange Commission (the “Commission”) (or otherwise designated by means of an Officers Certificate (as defined in the Indenture) delivered to the trustee) an effective Automatic Shelf Registration Statement previously filed with the Commission) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), shares of the Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor XXXX Financial Corp. common stock, par value $0.0001 per share (the “SecuritiesZFC Common Stock”), issuable upon exchange of the 8.0% Exchangeable Senior Notes due 2016 (the “Notes”) issued by XXXX Financial Partners L.P., a Delaware limited partnership (the “Company”), in accordance with the Registration Rights Agreement, dated as of November 25, 2013 (the “Registration Rights Agreement”), among the Company, XXXX Financial Corp. and the initial purchaser named therein. A copy of the Registration Rights Agreement is attached heretoavailable upon request from the Company at the address set forth herein. All capitalized terms not otherwise defined herein below shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or, if applicable, a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel XXXX Financial Corp. at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Registration Rights Agreement (ZAIS Financial Corp.)
DEADLINE FOR RESPONSE. [DATE] ]* The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Xxxxxxxx Offshore Services, Inc. (the “IssuerCompany”) [Title of Securities] 6.125% Senior Notes due 2014 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerXxxxxxxx Offshore Services, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxxx 00000Xxxxx 000, Telephone: Xxxxxxxxx, Xxxxxxxxx 00000 (telephone (000) 000-0000). * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Xxxxxxxx Offshore Services, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 6.125% Senior Notes due 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Hornbeck Offshore Services Inc /La)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation (the “Issuer”) [Title of Securities] 7 3/8% Senior Notes due 2020 (the “Securities”)) of Par Pharmaceutical Companies, which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “GuarantorCompany”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 1933, as amended, for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For ResponseDATE]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] Par Pharmaceutical Companies, Inc. at the Issuer[300 Xxxx Boulevard, 0000 Xxxxxx XxxxxWoodcliff Lake, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000New Jersey 07677]. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange Registration Rights Agreement, dated as of September 28, 2012 (the “Initial Registration Rights Agreement”), between Sky Growth Acquisition Corporation and the Representative named therein, on behalf of the Purchasers (as named therein), as supplemented by the Registration Rights Agreement (the “Agreement”) Joinder among Berkshire Hathaway Finance Corporation (the “Issuer”)Par Pharmaceutical Companies, Berkshire Hathaway Inc. (the “GuarantorCompany”) ), the Guarantors named therein and the Purchaser Representative named therein, on behalf of the Purchasers named therein (the “Registration Rights Agreement Joinder”; the Initial Registration Rights Agreement, as supplemented by the Registration Rights Agreement Joinder, the “Registration Rights Agreement”). Pursuant to the Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [—] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 7 3/8% Senior Notes due 2020 (the “Securities”). A copy of the Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the respective meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined belowin the Registration Rights Agreement) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response—]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.. The undersigned holder (the “Selling Securityholder”) of Registrable Securities hereby elects to include in the Shelf Registration Statement the Registrable Securities beneficially owned by it and listed below in Item (3). The undersigned, by signing and returning this Notice and Questionnaire, agrees to be bound with respect to such Registrable Securities by the terms and conditions of this Notice and Questionnaire and the Registration Rights Agreement, including, without limitation, Section 6 of the Registration Rights Agreement, as if the undersigned Selling Securityholder were an original party thereto. Pursuant to the Registration Rights Agreement, the undersigned has agreed to indemnify and hold harmless the Company, its officers who sign any Shelf Registration Statement, and each person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act of 1934, as amended (the “Exchange Act”), against certain losses arising out of an untrue statement, or the alleged untrue statement, of a material fact in the Shelf Registration Statement or the related prospectus or the omission, or alleged omission, to state a material fact required to be stated in such Shelf Registration Statement or the related prospectus, but only to the extent such untrue statement or omission, or alleged untrue statement or omission, was made in reliance on and in conformity with the information provided in this Notice and Questionnaire. Upon any sale of Registrable Securities pursuant to the Shelf Registration Statement, the Selling Securityholder will be required to deliver to the Company and Trustee the Notice of Transfer set forth in Appendix A to the Prospectus and as Exhibit C to the Registration Rights Agreement. The Selling Securityholder hereby provides the following information to the Company and represents and warrants that such information is accurate and complete:
Appears in 1 contract
Samples: Registration Rights Agreement (Par Pharmacuetical, Inc.)
DEADLINE FOR RESPONSE. [DATE] ]* The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation $350,000,000 aggregate principal amount of 2.150% Senior Notes due 2012 and $400,000,000 aggregate principal amount of 3.250% Senior Notes due 2014 (the “Issuer”) [Title of Securities] (together, the “Securities”), which are unconditionally and irrevocably guaranteed ) issued by Berkshire Hathaway Thermo Xxxxxx Scientific Inc. (the “GuarantorCompany”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 1933, as amended, for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the Issuercontact: Thermo Xxxxxx Scientific Inc., 0000 Xxxxxx Xxxxx00 Xxxxx Xxxxxx, XxxxxWaltham, Xxxxxxxx 00000, MA 02454 (Telephone: (000) 000-0000[•]). * Not less than 28 21 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”), Berkshire Hathaway Thermo Xxxxxx Scientific Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title $350,000,000 aggregate principal amount of Securities] which are unconditionally 2.150% Senior Notes due 2012 and irrevocably guaranteed by the Guarantor $400,000,000 aggregate principal amount of 3.250% Senior Notes due 2014 (together, the “Securities”). A copy of the Exchange and Registration Rights Agreement is [attached hereto] [has been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx]. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Thermo Fisher Scientific Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Abitibi-Consolidated Company of Canada (the “IssuerCompany”) [Title of Securities] 15.5% Senior Notes due 2010 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerAbitibi-Consolidated Company of Canada, 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxx, Xxxxxx XxxxxX0X 0X0, Xxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation Abitibi-Consolidated Company of Canada (the “IssuerCompany”), Berkshire Hathaway Inc. (the “Guarantor”) Guarantors party thereto and the Purchaser named therein. Xxxxxxx, Xxxxx & Co. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 15.5% Senior Notes (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached heretohas been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxx. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not properly complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (AbitibiBowater Inc.)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Airgas, Inc. (the “IssuerCompany”) [Title of Securities] 6¼% Senior Subordinated Notes due 2014 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerAirgas, 0000 Xxxxxx XxxxxInc., Xxxxx000 Xxxxx Xxxxxx-Xxxxxxx Xxxx, Xxxxxxxx 00000Suite 100, Telephone: Radnor, Pennsylvania 19087-5283, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)between Airgas, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer Company has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [ ] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 6¼% Senior Subordinated Notes due 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the IssuerCompany’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Airgas Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Amylin Pharmaceuticals, Inc. (the “IssuerCompany”) [Title of Securities] 2.50% Convertible Senior Notes due 2011 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerCompany’s counsel, Xxxxxx Godward LLP, 0000 Xxxxxx Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxx, Xxxxxxxx XX 00000, TelephoneAttention: Xxxxxxx Xxx, Esq. ((000) 000-0000). * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Amylin Pharmaceuticals, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 2.50% Convertible Senior Notes due 2011 (the “Securities”) and the shares of common stock, par value $0.001 per share (the “Common Stock”), issuable upon conversion thereof, in accordance with the Registration Rights Agreement, dated as of the date of original issuance of the Securities (the “Registration Rights Agreement”), between the Company and the purchasers named therein. A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Response], 2004. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Registration Rights Agreement (Amylin Pharmaceuticals Inc)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation 3.500% Notes due 2023 (CUSIP Nos. 00000XXX0 and 00000XXX0) (the “Securities”) of Petróleos Mexicanos (the “Issuer”) [Title of Securities] (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuer and the Guarantor are is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the IssuerPetróleos Mexicanos, 0000 Xxxxxxx Xxxxxx XxxxxXxxxxxxx 000, XxxxxXxxxx Xxxxxxxxx, Xxxx 00, Gerencia de Financiamientos y Xxxxxxxx 00000xx Xxxxxxx, TelephoneMexico D.F. 11311, Mexico, Facsimile Transmission No. 011-5255-1944-8253, Attention: (000) 000-0000Associate Managing Director of Finance. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement dated January 30, 2013 (the “Exchange and Registration Rights Agreement”) among Berkshire Hathaway Finance Corporation Petróleos Mexicanos (the “Issuer”), Berkshire Hathaway Inc. (the “Guarantor”) and the Purchaser Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuer has filed intends to file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 [__] (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Issuer’s [Title of Securities] which are unconditionally 3.500% Notes due 2023 (CUSIP Nos. 00000XXX0 and irrevocably guaranteed by the Guarantor 00000XXX0) (the “Securities”). A copy of the Exchange and Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Exchange and Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration Statement, this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectusprospectus.
Appears in 1 contract
Samples: Exchange and Registration Rights Agreement (Pemex Gas & Basic Petrochemicals)
DEADLINE FOR RESPONSE. [DATE] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Berkshire Hathaway Finance Corporation Gilead Sciences, Inc. (the “IssuerCompany”) [Title of Securities] 2.00% Convertible Senior Notes due December 15, 2007 (the “Securities”), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), ) are held. The Issuer and the Guarantor are Company is in the process of registering the Securities under the Securities Act of 1933 for resale by the beneficial owners thereof. In order to have their Securities included in the registration statement, beneficial owners must complete and return the enclosed Notice of Registration Statement and Selling Securityholder Questionnaire. It is important that beneficial owners of the Securities receive a copy of the enclosed materials as soon as possible as their rights to have the Securities included in the registration statement depend upon their returning the Notice and Questionnaire by [Deadline For Response]_________. Please forward a copy of the enclosed documents to each beneficial owner that holds interests in the Securities through you. If you require more copies of the enclosed materials or have any questions pertaining to this matter, please contact [ ] at the Issuer, 0000 Xxxxxx Xxxxx Xxxxx, Gilead Sciences, Inc., 000 Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxx Xxxx, Xxxxxxxxxx 00000, Telephone: (000) 000-0000 or (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Agreement”) among Berkshire Hathaway Finance Corporation (the “Issuer”)Gilead Sciences, Berkshire Hathaway Inc. (the “GuarantorCompany”) and the Purchaser named therein. Pursuant to the Agreement, the Issuer has filed with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3 (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the United States Securities Act of 1933, as amended (the “Securities Act”), of the IssuerCompany’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor 2.00% Convertible Senior Notes due December 15, 2007 (the “Securities”) and the shares of common stock, par value $0.001 per share (the “Common Stock”), issuable upon conversion thereof, in accordance with the Registration Rights Agreement, dated as of the date of original issuance of the Securities (the “Registration Rights Agreement”), between the Company and the purchaser named therein. A copy of the Registration Rights Agreement is attached hereto. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities (as defined below) is entitled to have the Registrable Securities beneficially owned by it included in the Shelf Registration Statement. In order to have Registrable Securities included in the Shelf Registration StatementStatement (or a supplement or amendment thereto), this Notice of Registration Statement and Selling Securityholder Questionnaire (“Notice and Questionnaire”) must be completed, executed and delivered to the Issuer’s counsel Company at the address set forth herein for receipt ON OR BEFORE [Deadline for Response]. Beneficial owners of Registrable Securities who do not complete, execute and return this Notice and Questionnaire by such date (i) will not be named as selling securityholders in the Shelf Registration Statement and (ii) may not use the Prospectus forming a part thereof for resales of Registrable Securities. Certain legal consequences arise from being named as a selling securityholder in the Shelf Registration Statement and related Prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a selling securityholder in the Shelf Registration Statement and related Prospectus.
Appears in 1 contract
Samples: Registration Rights Agreement (Gilead Sciences Inc)