Common use of Extension of the Offer; Termination; Amendment Clause in Contracts

Extension of the Offer; Termination; Amendment. We expressly reserve the right to extend the period of time the Offer is open and delay acceptance for payment of, and payment for, any shares of our Common Stock by giving oral or written notice of such extension to the Depositary and making a public announcement of such extension. During any such extension, all shares of our Common Stock previously tendered and not properly withdrawn will remain subject to the Offer. We also expressly reserve the right, in our sole discretion, not to accept for payment and not pay for any shares of our Common Stock not previously accepted for payment or paid for, subject to applicable law, to postpone payment for shares of our Common Stock or terminate the Offer by giving oral or written notice of the termination or postponement to the Depositary and making a public announcement of the termination or postponement. Subject to compliance with applicable law, we further reserve the right, in our reasonable discretion, to amend the Offer in any respect (including, without limitation, by decreasing or increasing the consideration offered in the Offer to holders of shares of our Common Stock) in our sole discretion. Amendments to the Offer may be made at any time and from time to time by public announcement of the amendment. In the case of an extension, the amendment shall be issued no later than 9:00 a.m., New York City time, on the next business day after the last previously scheduled or announced expiration date. Any public announcement made pursuant to the Offer will be disseminated promptly to stockholders in a manner reasonably designed to inform stockholders of the change. Without limiting the manner in which we may choose to make a public announcement, except as required by applicable law, we will have no obligation to publish, advertise or otherwise communicate any public announcement other than by issuing a press release to the Dow Xxxxx News Service or comparable service or furnishing such information on a Form 8-K. If the amendment is material, we will extend the Offer to ensure that at least five business days remain prior to expiration of the offer and stockholders that have tendered their shares pursuant to the Offer prior to the amendment shall have an opportunity to withdraw their shares. Business day means any day other than a Saturday, Sunday or U.S. federal holiday. Any period measured in business days includes the first day of such period.

Extension of the Offer; Termination; Amendment. We expressly reserve the right to extend the period of time the Offer is open and delay acceptance for payment of, and payment for, any shares of our Common Stock by giving oral or written notice of such extension to the Depositary and making a public announcement of such extension. During any such extension, all shares of our Common Stock previously tendered and not properly withdrawn will remain subject to the Offer. We also expressly reserve the right, in our sole discretion, not to accept for payment and not pay for any shares of our Common Stock not previously accepted for payment or paid for, subject to applicable law, to postpone payment for shares of our Common Stock or terminate the Offer by giving oral or written notice of the termination or postponement to the Depositary and making a public announcement of the termination or postponement. Subject to compliance with applicable law, we further reserve the right, in our reasonable discretion, to amend the Offer in any respect (including, without limitation, by decreasing or increasing the consideration offered in the Offer to holders of shares of our Common Stock) in our sole discretion. Amendments to the Offer may be made at any time and from time to time by public announcement of the amendment. In the case of an extension, the amendment shall be issued no later than 9:00 a.m., New York City time, on the next business day after the last previously scheduled or announced expiration date. Any public announcement made pursuant to the Offer will be disseminated promptly to stockholders in a manner reasonably designed to inform stockholders of the change. Without limiting the manner in which we may choose to make a public announcement, except as required by applicable law, we will have no obligation to publish, advertise or otherwise communicate any public announcement other than by issuing a press release to the Dow Xxxxx Jones News Service or comparable cxxxxxable service or furnishing such information on a Form 8-K. If the amendment is material, we will extend the Offer to ensure that at least five business days remain prior to expiration of the offer and stockholders that have tendered their shares pursuant to the Offer prior to the amendment shall have an opportunity to withdraw their shares. Business day means any day other than a Saturday, Sunday or U.S. federal holiday. Any period measured in business days includes the first day of such period.

Extension of the Offer; Termination; Amendment. We expressly reserve the right right, in our discretion, at any time and from time to time, and regardless of whether or not any event set forth in Section 6 has occurred or is deemed by us to have occurred, to extend the period of time during which the Offer is open and thereby delay the acceptance of any Options for payment of, cancellation and payment for, any shares of our Common Stock purchase by giving oral or written notice of such extension to the Depositary tendering Optionees and making a public announcement of such extension. During any such extension, all shares of our Common Stock previously tendered and not properly withdrawn will remain subject to the Offerthereof. We also expressly reserve the right, in our sole discretionjudgment, not to accept for payment and not pay for at any shares of our Common Stock not previously accepted for payment or paid for, subject to applicable lawtime before the Expiration Date, to postpone payment for shares of our Common Stock terminate or terminate amend the Offer and to postpone our acceptance of any tendered Options for amendment or cancellation and purchase upon the occurrence of any of the conditions specified in Section 6, by giving oral written or written electronic notice of the such termination or postponement to the Depositary tendering Optionees and making a public announcement thereof. Our reservation of the termination or postponement. Subject right to compliance with applicable lawdelay our acceptance of the tendered Options for amendment is limited by Rule 13e-4(f)(5) promulgated under the 1934 Act, which requires that we further reserve the right, in our reasonable discretion, to amend the Offer in any respect (including, without limitation, by decreasing or increasing must pay the consideration offered in or return the Offer to holders tendered Options promptly after termination or withdrawal of shares of our Common Stock) in our sole discretionthe Offer. Amendments to the Offer may be made at any time and from time to time by public announcement of the amendment. In the case of an extension, the amendment shall notice of such extension will be issued no later than 9:00 a.m., New York City time, a.m. Eastern Standard Time on the next business day after the last previously scheduled or announced expiration dateExpiration Date. Any public announcement made pursuant to the Offer will be disseminated promptly to stockholders Optionees in a manner reasonably designed designated to inform stockholders option holders of such change. If we materially change the terms of the change. Without limiting Offer or the manner in which information concerning the Offer, or if we may choose to make waive a public announcement, except as required by applicable law, we will have no obligation to publish, advertise or otherwise communicate any public announcement other than by issuing a press release to material condition of the Dow Xxxxx News Service or comparable service or furnishing such information on a Form 8-K. If the amendment is materialOffer, we will extend the Offer to ensure the extent required by Rules 13e-4(d)(2) and 13e-4(e)(3) under the 1934 Act. Those rules require that at least five business days the minimum period during which an Offer must remain prior to expiration open following material changes in the terms of the offer and stockholders that have tendered their shares pursuant to Offer or information concerning the Offer prior to the amendment shall have an opportunity to withdraw their shares. Business day means any day Offer, other than a Saturdaychange in price or a change in percentage of securities sought, Sunday will depend on the facts and circumstances, including the relative materiality of such terms or U.S. federal holidayinformation. Any period measured in If we decide to take any of the following actions, we will give notice of such action and keep the Offer open for at least ten (10) business days includes after the first day date of such period.notification:

Extension of the Offer; Termination; Amendment. We expressly reserve the right right, in our sole discretion, at any time and from time to time, to extend the period of time the Offer during which our offer is open and to delay acceptance for payment purchase and cancellation of, and payment for, any shares of our Common Stock eligible options by giving oral or written notice of such extension to the Depositary and making a public announcement holders of such extension. During any such extension, all shares of our Common Stock previously tendered and not properly withdrawn will remain subject to the Offereligible options. We also expressly reserve the right, in our sole discretion, to terminate the offer and not to accept for payment purchase and not cancellation or pay for any shares of our Common Stock eligible options not previously accepted for payment purchase and cancellation or paid forfor or, subject to applicable law, to postpone payment for shares of our Common Stock or terminate eligible options if any conditions to the Offer offer fail to be satisfied by giving oral or written notice of the such termination or postponement to the Depositary and making a public announcement holders of eligible options. Our reservation of the right to delay acceptance for payment, and to delay payment for, shares that we have accepted for purchase and cancellation, is limited by Rule 13e-4(f)(5) promulgated under the Exchange Act, which requires that we must pay the consideration offered or return the eligible options tendered promptly after termination or postponementwithdrawal of the offer. Subject to compliance with applicable law, we further reserve the right, if we determine in our reasonable discretionsole discretion to do so and Berkshire Hathaway approves our determination, and regardless of whether or not any of the events or conditions described in Section 8 have occurred or are deemed by us to have occurred, to amend the Offer offer in any respect (respect, including, without limitation, by decreasing or increasing the consideration offered in the Offer offer to holders of shares eligible options or by decreasing the number of our Common Stock) eligible options being sought in our sole discretionthe offer. Amendments to the Offer our offer may be made at any time and from time to time by public announcement of the amendment. In announcement, such announcement, in the case of an extension, the amendment shall to be issued no later than 9:00 a.m., New York City timeEastern Daylight Time, on the next business day after the last previously scheduled or announced expiration date. Any public announcement made pursuant to the Offer will be disseminated promptly to stockholders in a manner reasonably designed to inform stockholders of the change. Without limiting the manner in which we may choose to make a public announcement, except as required by applicable law, we will have no obligation to publish, advertise or otherwise communicate any such public announcement other than by issuing making a press release to the through Business Wire, Dow Xxxxx News Service or another comparable service news service. If we materially change the terms of the offer or furnishing such the information on a Form 8-K. If concerning the amendment is materialoffer, we will extend the Offer offer to ensure the extent required by Rules 13e-4(d)(2), 13e-4(e)(3) and 13e-4(f)(1) promulgated under the Exchange Act. These rules and certain related releases and interpretations of the SEC provide that at least five business days the minimum period during which a tender offer must remain prior open following material changes in the terms of the tender offer or information concerning the tender offer (other than a change in price or a change in percentage of securities sought) will depend on the facts and circumstances, including the relative materiality of such terms or information. If we undertake to expiration o increase or decrease prices to be paid for the eligible options or o decrease the number of eligible options being sought in the offer and stockholders the offer is scheduled to expire at any time earlier than the expiration of a period ending on the tenth business day from, and including, the date that have tendered their shares pursuant such notice of an increase or decrease is first published, sent or given to security holders in the Offer prior to manner specified in this Section 9, then the amendment shall have an opportunity to withdraw their sharesoffer will be extended until the expiration of such period of 10 business days. Business day For purposes of the offer, a "business day" means any day other than a Saturday, Sunday or U.S. United States federal holidayholiday and consists of the time period from 12:01 a.m. through 12:00 midnight, Eastern Daylight Time. Any period measured in business days includes We do not currently intend to extend the first day expiration date. However, we will extend the expiration date to the extent necessary so that the offer, including the purchase and cancellation of such periodall eligible options that have been properly tendered and not validly withdrawn before the expiration date, is completed shortly before the completion of the merger. If we obtain stockholder approval of the merger agreement at a special meeting of our stockholders, we expect that we will complete the merger shortly thereafter (if the other conditions to the merger have been satisfied or waived at that time).