-----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, JSidqI5Sn6x9++WBX3QdfqQukpAhg5B/BNOonH/6Gq5DXl5P/u+p/NSqiyGFndHY rM9T5bpTozjXG4+Z9sQq6Q== 0001157523-10-002805.txt : 20100505 0001157523-10-002805.hdr.sgml : 20100505 20100505160520 ACCESSION NUMBER: 0001157523-10-002805 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100501 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100505 DATE AS OF CHANGE: 20100505 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: 10801887 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 a6277815.htm BERKSHIRE HATHAWAY INC. 8-K a6277815.htm
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)  May 1, 2010
 
 


BERKSHIRE HATHAWAY INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)


DELAWARE
 
   001-14905 
 
47-0813844
(STATE OR OTHER JURISDICTION
 
(COMMISSION
 
(I.R.S. EMPLOYER
OF INCORPORATION)
 
FILE NUMBER)
 
IDENTIFICATION NO.)


3555 Farnam Street
   
Omaha, Nebraska
 
68131
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)
 
(ZIP CODE)


(402) 346-1400
REGISTRANT’S TELEPHONE NUMBER, INCLUDING AREA CODE



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o      Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o      Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o      Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o      Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 
 
ITEM 2.02. Results of Operations and Financial Condition

On May 1, 2010, Berkshire Hathaway Inc. (“Berkshire”) held its Annual Shareholders meeting.  Prior to the formal business meeting, Warren E. Buffett, Berkshire’s Chairman and Chief Executive Officer provided preliminary first quarter after-tax earnings information to those in attendance by displaying a Power Point summary of Berkshire’s preliminary first quarter after-tax earnings.  Concurrent with this information being provided to the meeting attendees, Berkshire issued a press release that included the same information. A copy of the press release is attached as Exhibit 99.1 hereto.  The information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for purposes of Section 18 of the Sec urities Exchange Act of 1934, as amended (the “Exchange Act”) or otherwise subject to the liabilities of that Section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any incorporation language in such a filing.


Item 7.01. Regulation FD Disclosure.

The response to Item 2.02 is incorporated herein by reference.


Item 9.01 Financial Statements and Exhibits

(d)
Exhibits

99.1 
Press Release dated May 1, 2010


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.
 

May 5, 2010  BERKSHIRE HATHAWAY INC.  
       
 
/s/ Marc D. Hamburg  
  By: Marc D. Hamburg  
  Senior Vice President and Chief Financial Officer  
       
                                   
 
              
EX-99.1 2 a6277815ex99-1.htm EXHIBIT 99.1 a6277815ex99-1.htm
Exhibit 99.1

BERKSHIRE HATHAWAY INC.
NEWS RELEASE


 
FOR IMMEDIATE RELEASE May 1, 2010
 
 
Omaha, NE (NYSE: BRK.A; BRK.B)—At approximately 3:45 p.m. today, Berkshire Hathaway Inc. (“Berkshire”) will hold its Annual Shareholders meeting.  Prior to the formal business meeting, Warren E. Buffett, Berkshire’s Chairman and Chief Executive Officer and Charles T. Munger, Berkshire’s Vice Chairman, will hold a question and answer session for the shareholders.  During this question and answer session, Mr. Buffett intends to discuss preliminary information regarding Berkshire’s First Quarter 2010 after-tax earnings.  In connection therewith, Mr. Buffett will display a slide which summarizes, on a preliminary basis, the after-tax earnings Berkshire expects to report for the first quarter of 2010.  The preliminary earnings summary that will be shown on this slid e is as follows.
 

 
Berkshire Hathaway Inc.
 
Preliminary First Quarter After-Tax Earnings

   
(in millions)
   
2010
   
2009
Insurance – underwriting
  $ 226     $ 202  
Insurance – investment income
    938       1,004  
Total insurance
    1,164       1,206  
Regulated businesses
    555       268  
Manufacturing, service & retailing
    477       258  
Finance
    69       68  
Other
    (43 )     (95 )
Operating earnings
    2,222       1,705  
Investment and derivative gains/losses
    1,411       (3,239 )
Net earnings
  $ 3,633     $ (1,534 )
 
 
 
Use of Non-GAAP Financial Measures

This press release includes certain non-GAAP financial measures.  The reconciliations of such measures to the most comparable GAAP figures in accordance with Regulation G are included herein.

Berkshire presents its results in the way it believes will be most meaningful and useful, as well as most transparent, to the investing public and others who use Berkshire’s financial information.  That presentation includes the use of certain non-GAAP financial measures.  In addition to the GAAP presentations of net earnings, Berkshire shows operating earnings defined as net earnings exclusive of investment and derivative gains/losses.

 
 

 
 
Although the investment of insurance and reinsurance premiums to generate investment income and investment gains or losses is an integral part of Berkshire’s operations, the generation of investment gains or losses is independent of the insurance underwriting process.  Moreover, under applicable GAAP accounting requirements, losses can be created as the result of other-than-temporary declines in value without actual realization or when certain types of investments are marked-to-market through earnings.  In sum, investment and derivative gains/losses for any particular period are not indicative of quarterly business performance.

About Berkshire

Berkshire Hathaway and its subsidiaries engage in diverse business activities including property and casualty insurance and reinsurance, utilities and energy, freight rail transportation, finance, manufacturing, retailing and services.  Common stock of the company is listed on the New York Stock Exchange, trading symbols BRK.A and BRK.B.
 
 
Cautionary Statement About Preliminary Results

Certain statements contained in this press release are “forward looking” statements within the meaning of the Private Securities Litigation Reform Act of 1995.  We caution you that all measures of first quarter 2010 after-tax earnings contained in this press release are preliminary and reflect our expected first quarter 2010 after-tax earnings as of the date of this press release. Actual reported first quarter 2010 after-tax earnings may vary significantly from these expectations.  Berkshire assumes no obligation and does not intend to update these forward-looking statements.
 


— END —


Contact
Marc D. Hamburg
402-346-1400

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