AGREEMENT AND PLAN OF MERGER by and among BERKSHIRE HATHAWAY INC. R ACQUISITION COMPANY, LLC and BURLINGTON NORTHERN SANTA FE CORPORATION November 2, 2009Merger Agreement • November 3rd, 2009 • Burlington Northern Santa Fe Corp • Railroads, line-haul operating • Delaware
Contract Type FiledNovember 3rd, 2009 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 2, 2009, by and among Berkshire Hathaway Inc., a Delaware corporation (“Parent”), R Acquisition Company, LLC, a Delaware limited liability company and an indirect wholly owned subsidiary of Parent (“Merger Sub”), and Burlington Northern Santa Fe Corporation, a Delaware corporation (the “Company”).