DEADLINE FOR RESPONSE. [DATE]* The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Texas Competitive Electric Holdings Company LLC (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”) 10.50% / 11.25% Senior Toggle Notes due 2016 (the “Securities”) are held. The Issuers and the Guarantors 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 Texas Competitive Electric Holdings Company LLC, Energy Plaza, 0000 Xxxxx Xxxxxx, Dallas, Texas 75201-3411, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Registration Rights Agreement (the “Registration Rights Agreement”) among Texas Competitive Electric Holdings Company LLC (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”), the Guarantors named therein and the Purchasers named therein. Pursuant to the Registration Rights Agreement, the Issuers have filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form [__] (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 Issuers’ 10.50% / 11.25% Senior Toggle Notes due 2016 (the “Securities”). A copy of the Registration Rights Agreement 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 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 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: Registration Rights Agreement (Energy Future Intermediate Holding CO LLC)
DEADLINE FOR RESPONSE. [DATE]* DATE1 The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Texas Competitive Electric Holdings Company LLC Northern Tier Energy LLC’s (the “CompanyIssuer”) and TCEH Finance, Inc. Northern Tier Finance Corporation’s (the “Finance Co-Issuer Corp.”, ” and together with the CompanyIssuer, the “Issuers”) 10.50% / 11.25), $75,000,000 aggregate principal amount of 7.125% Senior Toggle Secured Notes due 2016 2020 (the “Securities”) are held. The Issuers and the Guarantors 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 Texas Competitive Electric Holdings Company LLC, Northern Tier Energy Plaza, 0000 LLC and Northern Tier Finance Corporation: 00X Xxxxx Xxxxxx, DallasXxxxx 000, Texas 75201-3411Xxxxxxxxxx, XX 00000, Telephone No.: (000) 000-0000, Attention: Secretary. * 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 Texas Competitive Electric Holdings Company between Northern Tier Energy LLC (the “CompanyIssuer”) and TCEH Finance), Inc. Northern Tier Finance Corporation (the “Finance Co-Issuer Corp.”” and, together with the CompanyIssuer, the “Issuers”), the Guarantors named therein ) and the Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuers have filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form [__] (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 Issuers’ 10.50% / 11.25$75,000,000 aggregate principal amount of 7.125% Senior Toggle Secured Notes due 2016 2020 (the “Securities”). A copy of the Exchange and Registration Rights Agreement 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 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 Energy LP)
DEADLINE FOR RESPONSE. [DATE]] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests are held in the Texas Competitive Electric 12.000% Senior Discount Notes due 2014 (the “Securities”) of Polymer Holdings Company LLC (the “Company”) and TCEH Finance, Inc. Polymer Holdings Capital Corporation (the “Co-Issuer Corp.”, Capital” and together with the Company, the “Issuers”) 10.50% / 11.25% Senior Toggle Notes due 2016 (the “Securities”) are held). The Issuers and the Guarantors 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 Texas Competitive Electric Polymer Holdings Company LLC, Energy Plaza700 Xxxxx Street, 0000 00xx Xxxxx, Xxxxx XxxxxxXxxxx, DallasXxxxxxx, Texas 75201-3411Xxxxx 00000, (000) 000-0000. * Not less than 28 calendar days from date of mailingAttn: General Counsel. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Texas Competitive Electric between Polymer Holdings Company LLC (the “Company”) ), Polymer Holdings Capital Corporation (“Capital” and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”), the Guarantors named therein ) and the Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuers have 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 Issuers’ 10.50% / 11.2512.000% Senior Toggle Discount Notes due 2016 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement has been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxxis 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 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 (Polymer Holdings Capital CORP)
DEADLINE FOR RESPONSE. [DATE]] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Texas Competitive Electric Holdings Company KRATON Polymers LLC (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”) 10.50% / 11.258.125% Senior Toggle Subordinated Notes due 2016 2014 (the “Securities”) are held. The Issuers and the Guarantors 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 Texas Competitive Electric Holdings Company KRATON Polymers LLC, Energy Plaza, 0000 000 Xxxxx Xxxxxx, Dallas13th Floor, North Tower, Houston, Texas 75201-341177002, (000) 000-0000. * Not less than 28 calendar days from date of mailingAttn: General Counsel. Reference is hereby made to the Exchange and Registration Rights Agreement (the “Exchange and Registration Rights Agreement”) among Texas Competitive Electric Holdings Company LLC between KRATON Polymers LLC, KRATON Polymers Capital Corporation (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”), the Guarantors named therein ) and the Purchasers named therein. Pursuant to the Exchange and Registration Rights Agreement, the Issuers have Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form [__] (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 Issuers’ 10.50% / 11.25Company’s 8.125% Senior Toggle Subordinated Notes due 2016 2014 (the “Securities”). A copy of the Exchange and Registration Rights Agreement has been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxxis 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 Issuers’ 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 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 (Kraton Polymers LLC)
DEADLINE FOR RESPONSE. [DATE]] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Texas Competitive Electric Holdings Company LLC Berkshire Hathaway Finance Corporation (the “CompanyIssuer”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”) 10.50% / 11.25% Senior Toggle Notes due 2016 [Title of Securities] (the “Securities”) ), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuers Issuer and the Guarantors 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 Texas Competitive Electric Holdings Company LLC, Energy Plaza[ ] at the Issuer, 0000 Xxxxx Xxxxxx Xxxxxx, DallasXxxxx, Texas 75201-3411Xxxxxxxx 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 Texas Competitive Electric Holdings Company LLC Berkshire Hathaway Finance Corporation (the “CompanyIssuer”) and TCEH Finance), Berkshire Hathaway Inc. (the “Co-Issuer Corp.Guarantor”, together with the Company, the “Issuers”), the Guarantors named therein ) and the Purchasers named therein. Pursuant to the Registration Rights Agreement, the Issuers have 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 Issuers’ 10.50% / 11.25% Senior Toggle Notes due 2016 Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Registration Rights Agreement has been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxxis 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 Issuers’ 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 (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 Texas Competitive Electric Energy Future Holdings Company LLC Corp. (the “Company”) 11.875% Senior Cash Pay Notes due 2017 and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”) 10.5011.250% / 11.2512.000% Senior Toggle Notes due 2016 2017 (collectively, the “Securities”) are held. The Issuers Company and the Guarantors 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 Texas Competitive Electric Energy Future Holdings Company LLCCorp., Energy Plaza, 0000 Xxxxx Xxxxxx, Dallas, Texas 75201-3411, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Registration Rights Agreement (the “Registration Rights Agreement”) among Texas Competitive Electric Energy Future Holdings Company LLC Corp. (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”), the Guarantors named therein and the Purchasers Placement Agents named therein. Pursuant to the Registration Rights Agreement, the Issuers have Company has filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form [__[ ] (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 Issuers’ 10.50Company’s 11.875% Senior Cash Pay Notes due 2017 and 11.250% / 11.2512.000% Senior Toggle Notes due 2016 2017 (collectively, the “Securities”). A copy of the Registration Rights Agreement 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 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 Issuers’ 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 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: Registration Rights Agreement (Energy Future Intermediate Holding CO LLC)
DEADLINE FOR RESPONSE. [DATE]* The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Texas Competitive Electric Holdings Company LLC (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”) 10.50% / 11.2510.25% Senior Toggle Notes due 2016 2015 (the “Securities”) are held. The Issuers and the Guarantors 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 Texas Competitive Electric Holdings Company LLC, Energy Plaza, 0000 Xxxxx Xxxxxx, Dallas, Texas 75201-3411, (000) 000-0000. * Not less than 28 calendar days from date of mailing. Reference is hereby made to the Registration Rights Agreement (the “Registration Rights Agreement”) among Texas Competitive Electric Holdings Company LLC (the “Company”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”), the Guarantors named therein and the Purchasers named therein. Pursuant to the Registration Rights Agreement, the Issuers have filed or will file with the United States Securities and Exchange Commission (the “Commission”) a registration statement on Form [__[ ] (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 Issuers’ 10.50% / 11.2510.25% Senior Toggle Notes due 2016 2015 (the “Securities”). A copy of the Registration Rights Agreement 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 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 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: Registration Rights Agreement (Energy Future Intermediate Holding CO LLC)
DEADLINE FOR RESPONSE. [DATE]] * The Depository Trust Company (“DTC”) has identified you as a DTC Participant through which beneficial interests in the Texas Competitive Electric Holdings Company LLC Berkshire Hathaway Finance Corporation (the “CompanyIssuer”) and TCEH Finance, Inc. (the “Co-Issuer Corp.”, together with the Company, the “Issuers”) 10.50% / 11.25% Senior Toggle Notes due 2016 [Title of Securities] (the “Securities”) ), which are unconditionally and irrevocably guaranteed by Berkshire Hathaway Inc. (the “Guarantor”), are held. The Issuers Issuer and the Guarantors 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 Texas Competitive Electric Holdings Company LLC, Energy Plaza[___] at the Issuer, 0000 Xxxxx Xxxxxx Xxxxxx, DallasXxxxx, Texas 75201-3411Xxxxxxxx 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 Texas Competitive Electric Holdings Company LLC Berkshire Hathaway Finance Corporation (the “CompanyIssuer”) and TCEH Finance), Berkshire Hathaway Inc. (the “Co-Issuer Corp.Guarantor”, together with the Company, the “Issuers”), the Guarantors named therein ) and the Purchasers Purchaser named therein. Pursuant to the Registration Rights Agreement, the Issuers have 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 Issuers’ 10.50% / 11.25% Senior Toggle Notes due 2016 Issuer’s [Title of Securities] which are unconditionally and irrevocably guaranteed by the Guarantor (the “Securities”). A copy of the Registration Rights Agreement has been filed as an exhibit to the Shelf Registration Statement and can be obtained from the Commission’s website at xxx.xxx.xxxis 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 Issuers’ 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 (Berkshire Hathaway Inc)