-----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, RjZB010huz8oS9/TCbKD0hvFu4TMlVmw4Ro+bZ2a4G4N9VzzUaB5D8Mszf0v312B vJvE3BmRMr5FJevx30wIhQ== 0001181431-09-008180.txt : 20090211 0001181431-09-008180.hdr.sgml : 20090211 20090211193344 ACCESSION NUMBER: 0001181431-09-008180 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090209 FILED AS OF DATE: 20090211 DATE AS OF CHANGE: 20090211 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BUFFETT WARREN E CENTRAL INDEX KEY: 0000315090 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-08864 FILM NUMBER: 09591298 BUSINESS ADDRESS: STREET 1: 1440 KIEWIT PLZ 3555 FARNAM ST STREET 2: STE 1440 CITY: OMAHA STATE: NE ZIP: 68131 MAIL ADDRESS: STREET 1: 1400 KIEWIT PLZ 3555 FARNAM ST STREET 2: STE 1440 CITY: OMAHA STATE: NE ZIP: 68131 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: OBH INC CENTRAL INDEX KEY: 0000109694 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-08864 FILM NUMBER: 09591300 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 NAME: FORMER CONFORMED NAME: BERKSHIRE HATHAWAY INC/DE DATE OF NAME CHANGE: 19990520 FORMER NAME: FORMER CONFORMED NAME: BERKSHIRE HATHAWAY INC /DE/ DATE OF NAME CHANGE: 19920703 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BERKSHIRE HATHAWAY INC CENTRAL INDEX KEY: 0001067983 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-08864 FILM NUMBER: 09591299 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 NAME: FORMER CONFORMED NAME: NBH INC DATE OF NAME CHANGE: 19980810 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: USG CORP CENTRAL INDEX KEY: 0000757011 STANDARD INDUSTRIAL CLASSIFICATION: CONCRETE GYPSUM PLASTER PRODUCTS [3270] IRS NUMBER: 363329400 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 550 WEST ADAMS STREET STREET 2: DEPARTMENT 188 CITY: CHICAGO STATE: IL ZIP: 60661 BUSINESS PHONE: 312-606-4000 MAIL ADDRESS: STREET 1: DEPARTMENT #188 STREET 2: 550 WEST ADAMS STREET CITY: CHICAGO STATE: IL ZIP: 60661 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: NATIONAL INDEMNITY CO CENTRAL INDEX KEY: 0000314943 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-08864 FILM NUMBER: 09591297 BUSINESS ADDRESS: STREET 1: 3024 HARNEY ST CITY: OMAHA STATE: NE ZIP: 68131-3580 BUSINESS PHONE: 4023461400 MAIL ADDRESS: STREET 1: 3024 HARNEY ST CITY: OMAHA STATE: NE ZIP: 68131 4 1 rrd232358.xml X0303 4 2009-02-09 0 0000757011 USG CORP USG 0001067983 BERKSHIRE HATHAWAY INC 1440 KIEWIT PLAZA OMAHA NE 68131 0 0 1 0 0000315090 BUFFETT WARREN E 1440 KIEWIT PLAZA OMAHA NE 68131 0 0 1 0 0000109694 OBH INC 1440 KIEWIT PLAZA OMAHA NE 68131 0 0 1 0 0000314943 NATIONAL INDEMNITY CO 3024 HARNEY STREET OMAHA NE 68131 0 0 1 0 10% Contingent Convertible Senior Notes due 2018 2009-02-09 4 P 0 300000000 300000000 A 2009-02-09 2018-11-30 Common Stock 26315790 300000000 I See footnotes 4, 5 The 10% Contingent Convertible Senior Notes due 2018 ("Notes") are convertible into shares of Common Stock, $0.10 par value ("Shares") at an initial conversion price of $11.40 per share, subject to adjustment under certain circumstances. Following stockholder approval of the issuance of Shares upon conversion of the Notes at a special meeting of stockholders held on February 9, 2009, the Notes became convertible into Shares at the option of the holder thereof at any time prior to the close of business on the business day immediately preceding the final maturity date of the Notes (December 1, 2018), unless the Notes are earlier repurchased or redeemed by the Issuer. Subject to adjustment. $160 million aggregate principal amount of Notes is held by Berkshire Hathaway Life Insurance Company of Nebraska ("BH Nebraska"), $90 million aggregate principal amount of Notes is held by Berkshire Hathaway Assurance Corporation ("BH Assurance"), and $50 million aggregate principal amount of Notes is held by General Re Life Corporation ("General Re Life"). (Footnote 4 contd.) As Berkshire Hathaway Inc. ("Berkshire"), OBH, Inc. ("OBH"), and National Indemnity Company ("NICO") are each in the chain of ownership of BH Nebraska and BH Assurance, each of Berkshire, OBH and NICO may be deemed presently to both beneficially own and have a pecuniary interest in the Notes presently owned by BH Nebraska and BH Assurance. As Berkshire is in the chain of ownership of General Re Life, Berkshire may be deemed presently to both beneficially own and have a pecuniary interest in the Notes presently owned by General Re Life. Warren E. Buffett, as controlling shareholder of Berkshire, may be deemed presently to beneficially own, but only to the extent he has a pecuniary interest in, the Notes presently owned by BH Nebraska, BH Assurance and General Re Life. Mr. Buffett disclaims beneficial ownership of the reported securities except to the extent of his pecuniary interest therein. Berkshire Hathaway Inc., by Marc D. Hamburg 2009-02-11 -----END PRIVACY-ENHANCED MESSAGE-----