-----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, OlxsV9wKdWVppzQ9bR9u2PCjYFmQHRUfSZUhx99ojL4zS6MALhxXFHiTPpGJqMcB R/KsUWdI4e+ilcsDKKD2mg== 0001181431-10-009824.txt : 20100217 0001181431-10-009824.hdr.sgml : 20100217 20100217194923 ACCESSION NUMBER: 0001181431-10-009824 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100212 FILED AS OF DATE: 20100217 DATE AS OF CHANGE: 20100217 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: 001-11535 FILM NUMBER: 10614448 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: 001-11535 FILM NUMBER: 10614447 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: 001-11535 FILM NUMBER: 10614449 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: BURLINGTON NORTHERN SANTA FE, LLC CENTRAL INDEX KEY: 0000934612 STANDARD INDUSTRIAL CLASSIFICATION: RAILROADS, LINE-HAUL OPERATING [4011] IRS NUMBER: 271754839 FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2650 LOU MENK DR CITY: FT WORTH STATE: TX ZIP: 76131-2830 BUSINESS PHONE: 8007952673 MAIL ADDRESS: STREET 1: 2650 LOU MENK DRIVE CITY: FORT WORTH STATE: TX ZIP: 76131-2830 FORMER COMPANY: FORMER CONFORMED NAME: BURLINGTON NORTHERN SANTA FE CORP DATE OF NAME CHANGE: 19951122 FORMER COMPANY: FORMER CONFORMED NAME: BURLINGTON NORTHERN SANTE FE CORP DATE OF NAME CHANGE: 19950913 FORMER COMPANY: FORMER CONFORMED NAME: BNSF CORP DATE OF NAME CHANGE: 19941223 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: 001-11535 FILM NUMBER: 10614446 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 rrd266409.xml FORM 4 FOR BHI PURCHASE OF REMAINING BNI STOCK X0303 4 2010-02-12 1 0000934612 BURLINGTON NORTHERN SANTA FE, LLC BNI 0001067983 BERKSHIRE HATHAWAY INC 3555 FARNAM STREET OMAHA NE 68131 0 0 1 0 0000315090 BUFFETT WARREN E 3555 FARNAM STREET OMAHA NE 68131 0 0 1 0 0000109694 OBH INC 3555 FARNAM STREET SUITE 1440 OMAHA NE 68131 0 0 1 0 0000314943 NATIONAL INDEMNITY CO 3024 HARNEY STREET OMAHA NE 68131 0 0 1 0 Common Stock 2010-02-12 4 P 0 264507434 A 0 I See footnote 4. As a result of the merger (the "Merger") of Burlington Northern Santa Fe Corporation ("BNSF") with and into R Acquisition Company, LLC, a subsidiary of National Indemnity Company ("NICO"), on February 12, 2010, each outstanding share of common stock of BNSF, other than shares owned by the Reporting Persons, was converted into the right to receive, at the election of the stockholder (subject to certain proration and reallocation procedures described in the merger agreement), either (i)??$100.00 in cash, or (ii)??a portion of a share of Berkshire Class??A common stock equal to the exchange ratio, which was calculated by dividing $100.00 by the average of the daily volume-weighted average trading prices per share of Berkshire Class??A common stock over the ten trading day period ending on the second full trading day prior to completion of the Merger. Shares of Berkshire Class B common stock were issued in lieu of fractional shares of Berkshire Class A common stock, and cash was paid in lieu of fractional shares of Berkshire Class B common stock. All of the outstanding common stock of BNSF was canceled in the Merger. NICO is a subsidiary of OBH LLC ("OBH"), and OBH is a subsidiary of Berkshire Hathaway Inc. ("Berkshire"). As OBH and Berkshire are each in the chain of ownership of NICO, each of OBH and Berkshire may be deemed to both beneficially own and have a pecuniary interest in all securities of BNSF acquired by NICO. Warren E. Buffett, as the controlling stockholder of Berkshire, may be deemed to beneficially own, but only to the extent he has a pecuniary interest in, the BNSF shares acquired by NICO. 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 2010-02-17 -----END PRIVACY-ENHANCED MESSAGE-----