Back to top

NOTICE OF GUARANTEED DELIVERY

Guarantee Agreement

NOTICE OF GUARANTEED DELIVERY | Document Parties: Berkshire Hathaway Finance Corporation | Berkshire Hathaway Inc | JP Morgan Trust Company, National Association You are currently viewing:
This Guarantee Agreement involves

Berkshire Hathaway Finance Corporation | Berkshire Hathaway Inc | JP Morgan Trust Company, National Association

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: NOTICE OF GUARANTEED DELIVERY
Date: 8/15/2008

NOTICE OF GUARANTEED DELIVERY, Parties: berkshire hathaway finance corporation , berkshire hathaway inc , jp morgan trust company  national association
50 of the Top 250 law firms use our Products every day

 

EXHIBIT 4.20

 

NOTICE OF GUARANTEED DELIVERY

for Tender of

5.40% Senior Notes Due 2018

of Berkshire Hathaway Finance Corporation,

unconditionally guaranteed by Berkshire Hathaway Inc.

 

As set forth in the Exchange Offer (as defined below), this Notice of Guaranteed Delivery (or a facsimile hereof) or one substantially equivalent hereto or the electronic form used by The Depository Trust Company (“DTC”) for this purpose must be used to accept the Exchange Offer of certificates for 5.40% Senior Notes Due 2018 (the “Outstanding Notes”) of Berkshire Hathaway Finance Corporation, a Delaware corporation (the “Company”), not immediately available to the registered holder of such Outstanding Notes, or if a participant in DTC is unable to complete the procedures for book-entry transfer on a timely basis of Outstanding Notes to the account maintained by J.P. Morgan Trust Company, National Association (the “Exchange Agent”) at DTC, prior to 5:00 p.m., New York City time, on            , 2008, unless extended (the “Expiration Date”). This Notice of Guaranteed Delivery (or a facsimile hereof) or one substantially equivalent hereto may be delivered by mail (registered or certified mail is recommended), by facsimile transmission, by hand or overnight carrier to the Exchange Agent. See “The Exchange Offer — Procedures for Tendering Outstanding Notes” in the Prospectus (as defined below). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Exchange Offer.

 

The Exchange Agent for the Exchange Offer is:

 

The Bank of New York Trust

Corporate Trust Dept. — Reorganization Unit

101 Barclay Street, 7E

New York, NY 10286

Phone: 212-815-3738

Fax: 212-298-1915

 

Delivery of this Notice of Guaranteed Delivery to an address other than as set forth above or transmission of this Notice of Guaranteed Delivery via a facsimile number other than the number listed above will not constitute a valid delivery.

 

This Notice of Guaranteed Delivery is not to be used to guarantee signatures. If a signature on a Letter of Transmittal is required to be guaranteed by an Eligible Institution (as defined therein) under the instructions thereto, such signature guarantee must appear in the applicable space provided in the signature box on the Letter of Transmittal.


 

 

Ladies and Gentlemen:

 

The undersigned hereby tenders to Berkshire Hathaway Finance Corporation, a Delaware corporation (the “Company”), the aggregate principal amount of Outstanding Notes indicated below pursuant to the guaranteed delivery procedures and upon the terms and subject to the conditions set forth in the Prospectus dated            , 2008 (as the same may be amended or supplemented from time to time, the “Prospectus”) and in the related Letter of Transmittal (which together with the Prospectus constitute the “Exchange Offer”), receipt of which is hereby acknowledged.

 

The undersigned hereby represents, warrants and agrees that the undersigned has full power and authority to tender, exchange, sell, assign, and transfer the tendered Outstanding Notes and that the Company will acquire good, marketable and unencumbered title thereto, free and clear of all liens, restrictions, charges and encumbrances when the tendered Outstanding Notes are acquired by the Company as contemplated herein, and the tendered Outstanding Notes are not subject to any adverse claims or proxies. The undersigned warrants and agrees that the undersigned and each Beneficial Owner will, upon request, execute and deliver any additional documents deemed by the Company or the Exchange Agent to be necessary or desirable to


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more