-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, MIxsXiR7PrHiwsxiOP8P7gFrrtMMduc4SfHxPoEwP9CHJwcG/9t9Ke5j5FwDShbf EIH0SWhCp2wsFQV2H3/z/Q== 0000950150-02-000744.txt : 20020813 0000950150-02-000744.hdr.sgml : 20020813 20020813112600 ACCESSION NUMBER: 0000950150-02-000744 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 5 CONFORMED PERIOD OF REPORT: 20020813 ITEM INFORMATION: FILED AS OF DATE: 20020813 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERKSHIRE HATHAWAY INC CENTRAL INDEX KEY: 0001067983 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] IRS NUMBER: 470813844 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14905 FILM NUMBER: 02728377 BUSINESS ADDRESS: STREET 1: 1440 KIEWIT PLZ CITY: OMAHA STATE: NE ZIP: 68131 BUSINESS PHONE: 4023461400 MAIL ADDRESS: STREET 1: 1440 KIEWIT PLAZA CITY: OMAHA STATE: NE ZIP: 68131 FORMER COMPANY: FORMER CONFORMED NAME: NBH INC DATE OF NAME CHANGE: 19980810 8-K 1 a83680e8vk.htm FORM 8-K Berkshire Hathaway-Form 8-K
Table of Contents

SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549


FORM 8-K

CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (D) OF THE
SECURITIES EXCHANGE ACT OF 1934

     
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED)
 
August 13, 2002

BERKSHIRE HATHAWAY INC.


(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
         
DELAWARE   001-14905   47-0813844

 
 
(STATE OR OTHER JURISDICTION
OF INCORPORATION)
  (COMMISSION
FILE NUMBER)
  (I.R.S. EMPLOYER
IDENTIFICATION NO.)
         
1440 Kiewit Plaza
Omaha, Nebraska
      68131

     
 
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)
      (ZIP CODE)

(402) 346-1400


REGISTRANT’S TELEPHONE NUMBER, INCLUDING AREA CODE


ITEM 9. REGULATION FD DISCLOSURE
EXHIBIT INDEX
SIGNATURES
EXHIBIT 99.1
EXHIBIT 99.2
EXHIBIT 99.3
EXHIBIT 99.4


Table of Contents

ITEM 9. REGULATION FD DISCLOSURE

     On August 13, 2002, each of the principal executive officer, Warren E. Buffett, and principal financial officer, Marc D. Hamburg, of Berkshire Hathaway Inc. filed with the Securities and Exchange Commission sworn statements pursuant to Securities and Exchange Commission Order No. 4-460.

     In addition, the Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2002, filed on August 13, 2002 by Berkshire Hathaway Inc. was accompanied by certifications by Mr. Buffett and Mr. Hamburg pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

     A copy of each of the statements and the certifications is attached hereto as an Exhibit (99.1, 99.2, 99.3 and 99.4).

EXHIBIT INDEX
     
 
99.1   Statement Under Oath of Principal Executive Officer dated August 13, 2002
 
99.2   Statement Under Oath of Principal Financial Officer dated August 13, 2002
 
99.3   Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chief Executive Officer)
 
99.4   Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chief Financial Officer)

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
             
          BERKSHIRE HATHAWAY INC.
 
            /s/ Marc D. Hamburg
 
         
          By: Marc D. Hamburg
Vice President and Chief Financial Officer
EX-99.1 3 a83680exv99w1.txt EXHIBIT 99.1 EXHIBIT 99.1 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Warren E. Buffett, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Berkshire Hathaway Inc., and, except as corrected or supplemented in a subsequent covered report: - no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and - no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee of the board of directors. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": - Annual Report on Form 10-K for the fiscal year ended December 31, 2001 filed with the Commission on March 29, 2002 of Berkshire Hathaway Inc. - all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Berkshire Hathaway Inc. filed with the Commission subsequent to the filing of the Form 10-K identified above; and - any amendments to any of the foregoing. /s/ Warren E. Buffett Subscribed and sworn to ---------------------------------- before me this 13th day Warren E. Buffett of August 2002. Chairman and principal executive officer August 13, 2002 /s/ Tracey Schnell ---------------------- Notary Public My Commission Expires: ---------------------- EX-99.2 4 a83680exv99w2.txt EXHIBIT 99.2 EXHIBIT 99.2 STATEMENT UNDER OATH OF PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Marc D. Hamburg, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Berkshire Hathaway Inc., and, except as corrected or supplemented in a subsequent covered report: - no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and - no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee of the board of directors. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": - Annual Report on Form 10-K for the fiscal year ended December 31, 2001 filed with the Commission on March 29, 2002 of Berkshire Hathaway Inc. - all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Berkshire Hathaway Inc. filed with the Commission subsequent to the filing of the Form 10-K identified above; and - any amendments to any of the foregoing. /s/ Marc D. Hamburg Subscribed and sworn to ---------------------------------- before me this 13th day Marc D. Hamburg of August 2002. Vice President and principal financial officer August 13, 2002 /s/ Tracey Schnell ---------------------- Notary Public My Commission Expires: ---------------------- EX-99.3 5 a83680exv99w3.txt EXHIBIT 99.3 EXHIBIT 99.3 CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Warren E. Buffett, Chairman and Chief Executive Officer of Berkshire Hathaway Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge: (1) the Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 30, 2002 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated: August 13, 2002 /s/ Warren E. Buffett ------------------------------------------ Warren E. Buffett Chairman and Chief Executive Officer EX-99.4 6 a83680exv99w4.txt EXHIBIT 99.4 EXHIBIT 99.4 CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Marc D. Hamburg, Vice President and Chief Financial Officer of Berkshire Hathaway Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge: (1) the Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 30, 2002 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated: August 13, 2002 /s/ Marc D. Hamburg ------------------------------------------ Marc D. Hamburg Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----