-----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, L+SrzFl+t8tYVOHxZrF11q5jzoViNPGTcKeciLwYMiSjRcvMySFGBn1OykxUOJ7t SxP9Y3tsSnQ1rQYrK52x6w== 0000898430-99-002547.txt : 19990618 0000898430-99-002547.hdr.sgml : 19990618 ACCESSION NUMBER: 0000898430-99-002547 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19990616 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERKSHIRE HATHAWAY INC/DE CENTRAL INDEX KEY: 0000109694 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] IRS NUMBER: 042254452 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: POS AM SEC ACT: SEC FILE NUMBER: 333-69003-01 FILM NUMBER: 99647662 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: BERKSHIRE HATHAWAY INC /DE/ DATE OF NAME CHANGE: 19920703 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: POS AM SEC ACT: SEC FILE NUMBER: 333-69003 FILM NUMBER: 99647663 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 POS AM 1 POST EFFECTIVE AMENDMENT #1 TO FORM S-4 As filed with the Securities and Exchange Commission on June 16, 1999 Registration No. 333-69003 ================================================================================ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 _____________________ POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-4 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 _____________________ BERKSHIRE HATHAWAY INC. and OBH, INC. (See Explanatory Note immediately following this facing page) (Exact name of Registrants as specified in their charters) _____________________ Delaware 6719 47-0813844 (State or other jurisdiction (Primary Standard Industrial (I.R.S. Employer of incorporation or organization) Classification Code Number) Identification Number)
1440 Kiewit Plaza Omaha, Nebraska 68131 (402) 346-1400 (Address, including zip code, and telephone number, including area code, of Registrant's principal executive offices) ____________________ Marc D. Hamburg Berkshire Hathaway Inc. 1440 Kiewit Plaza Omaha, Nebraska 68131 (402) 346-1400 (Name, Address, Including Zip Code, and Telephone Number, Including Area Code, of Agent For Service) _____________________ Copy To: R. Gregory Morgan, Esq. Judith T. Kitano, Esq. Munger, Tolles & Olson LLP 355 South Grand Avenue Los Angeles, California 90071 (213) 683-9100 ================================================================================ EXPLANATORY NOTE This Post-Effective Amendment to the Registration Statement on Form S- 4 (File No. 33-69003) (the "Registration Statement") relates to a business combination effected on December 21, 1998 pursuant to an Agreement and Plan of Mergers dated June 19, 1998 between Berkshire Hathaway Inc. (which has been renamed "OBH, Inc." and shall be referred to in this amendment as "Old Berkshire") and General Re Corporation (the "Merger Agreement"). Pursuant to the Merger Agreement, OBH, Inc. and General Re Corporation each became wholly owned subsidiaries of NBH, Inc., a new holding company. NBH, Inc. (referred to in this amendment as "New Berkshire") then took the name "Berkshire Hathaway Inc." The Merger Agreement also provided that, under certain conditions, the business combination would have been restructured such that General Re Corporation would have merged with, and become, a wholly owned subsidiary of Old Berkshire itself, rather than of New Berkshire (the "Alternative Transaction"). Therefore, the Registration Statement constituted the Registration Statement of New Berkshire or, if the Alternative Transaction occurred, of Old Berkshire. Old Berkshire and New Berkshire were both referred to as the "Registrants." The sole purpose of this amendment is to (i) reflect that the Alternative Transaction did not occur and therefore no shares of Old Berkshire common stock were issued pursuant to the Registration Statement and (ii) remove from registration all shares of Old Berkshire common stock registered pursuant to the Registration Statement. New Berkshire and Old Berkshire hereby remove from registration, by means of this Post-Effective Amendment No. 1 to the Registration Statement, all shares of Old Berkshire common stock registered pursuant to the Registration Statement. SIGNATURES Pursuant to the requirements of the Securities Act of 1933, the Registrants certify that they have reasonable grounds to believe that they meet all of the requirements for filing on Form S-4 and have duly caused this Post-Effective Amendment No. 1 to the Registration Statement to be signed on their behalf by the undersigned, thereunto duly authorized, in the City of Omaha, State of Nebraska, on June 16, 1999. BERKSHIRE HATHAWAY INC. OBH, INC. By /s/ Marc D. Hamburg By /s/ Marc D. Hamburg ------------------------------- ----------------------------- Marc D. Hamburg Marc D. Hamburg Vice President and Vice President and Chief Financial Officer Chief Financial Officer Pursuant to the requirements of the Securities Act of 1933, this Post- Effective Amendment No. 1 has been signed by the following persons in the capacities and on the dates indicated.
Signature Title Date - --------- ----- ---- * Chairman of the Board and Director June 16, 1999 - ------------------------------------ (principal executive officer) of Warren E. Buffett Berkshire Hathaway Inc. * Vice President and Chief Financial June 16, 1999 - ------------------------------------ Officer (principal financial officer) of Marc D. Hamburg Berkshire Hathaway Inc. * Controller (principal accounting officer) June 16, 1999 - ------------------------------------ of Berkshire Hathaway Inc. Daniel J. Jaksich * Vice-Chairman of the Board and Director June 16, 1999 - ------------------------------------ of Berkshire Hathaway Inc. Charles T. Munger * Director of Berkshire Hathaway Inc. June 16, 1999 - ------------------------------------ Susan T. Buffett * Director of Berkshire Hathaway Inc. June 16, 1999 - ------------------------------------ Malcolm G. Chace * Director of Berkshire Hathaway Inc. June 16, 1999 - ------------------------------------ Walter Scott, Jr. * Director of Berkshire Hathaway Inc. June 16, 1999 - ------------------------------------ Howard G. Buffett * Director of Berkshire Hathaway Inc. June 16, 1999 - ------------------------------------ Ronald L. Olson
* By /s/ Marc D. Hamburg -------------------- Marc D. Hamburg Attorney-in-Fact pursuant to Power of Attorney previously filed as part of this Registration Statement -----END PRIVACY-ENHANCED MESSAGE-----