-----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, EYiMZeDOI1//ROOZRks9zus2q6SUABPLVplgCEP1IPBc0L2t6CXVGuIvHw3KbZX/ TcHy47ZU7yLIK+/KwlhAiw== 0000893750-02-000491.txt : 20020819 0000893750-02-000491.hdr.sgml : 20020819 20020819121419 ACCESSION NUMBER: 0000893750-02-000491 CONFORMED SUBMISSION TYPE: DEFA14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20020819 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GARAN INC CENTRAL INDEX KEY: 0000039917 STANDARD INDUSTRIAL CLASSIFICATION: APPAREL & OTHER FINISHED PRODS OF FABRICS & SIMILAR MATERIAL [2300] IRS NUMBER: 135665557 STATE OF INCORPORATION: VA FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: DEFA14A SEC ACT: 1934 Act SEC FILE NUMBER: 001-04506 FILM NUMBER: 02742139 BUSINESS ADDRESS: STREET 1: 350 FIFTH AVE CITY: NEW YORK STATE: NY ZIP: 10118 BUSINESS PHONE: 2125632000 MAIL ADDRESS: STREET 1: 350 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10118 DEFA14A 1 sch14_a.txt SCHEDULE 14A- DEFINITIVE ADDITIONAL MATERIALS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant [X] Filed by a Party other than the Registrant [_] Check the appropriate box: [_] Preliminary Proxy Statement [_] Definitive Proxy Statement [X] Definitive Additional Materials [_] Soliciting Material Pursuant to Section 240.14a-12 Filing by: GARAN, INCORPORATED - ------------------------------------------------------------------------------ (Name of Registrant as Specified In Its Charter) - ------------------------------------------------------------------------------- (Name of Person(s) Filing Proxy Statement, if other than the Registrant) Payment of Filing Fee (Check the appropriate box): [X] No fee required. [_] Fee computed on table below per Exchange Act Rules 14a-6(i)(4) and 0-11. 1) Title of each class of securities to which transaction applies: ________________________________________________________________________________ 2) Aggregate number of securities to which transaction applies: ________________________________________________________________________________ 3) Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined): ________________________________________________________________________________ 4) Proposed maximum aggregate value of transaction: ________________________________________________________________________________ 5) Total fee paid: ________________________________________________________________________________ [_] Fee paid previously with preliminary materials. [_] Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. 1) Amount previously paid: ________________________________________________________________________________ 2) Form, Schedule or Registration Statement No.: ________________________________________________________________________________ 3) Filing Party: ________________________________________________________________________________ 4) Date Filed: ________________________________________________________________________________ GARAN, INCORPORATED 350 FIFTH AVENUE NEW YORK, NY 10118 August 16, 2002 Dear Fellow Shareholder: We have previously sent to you proxy materials for the special meeting of shareholders of Garan, Incorporated to be held on September 4, 2002. YOUR BOARD OF DIRECTORS HAS UNANIMOUSLY RECOMMENDED THAT SHAREHOLDERS VOTE FOR APPROVAL OF THE MERGER AGREEMENT SO THAT THE ACQUISITION OF GARAN BY BERKSHIRE HATHAWAY INC. CAN OCCUR. Since approval of the merger agreement requires the affirmative vote of the holders of more than two-thirds of all outstanding shares, YOUR VOTE IS IMPORTANT, no matter how many or how few shares you may own. Whether or not you have already done so, PLEASE SIGN, DATE AND RETURN THE ENCLOSED PROXY CARD TODAY. Very truly yours, /s/ Seymour Lichtenstein Seymour Lichtenstein Chairman and Chief Executive Officer IF YOU HAVE ANY QUESTIONS, OR NEED ASSISTANCE IN VOTING YOUR SHARES, PLEASE CALL OUR PROXY SOLICITOR, INNISFREE M&A INCORPORATED TOLL-FREE, at 1-888-750-5834. IMPORTANT NOTE: Remember, if you hold your shares through a bank or broker, you may be able to vote by telephone, or via the Internet. Please call Innisfree at 1-888-750-5834 for assistance. PROXY GARAN, INCORPORATED THIS PROXY IS SOLICITED BY THE BOARD OF DIRECTORS OF GARAN, INCORPORATED FOR THE SPECIAL MEETING OF SHAREHOLDERS ON SEPTEMBER 4, 2002 The undersigned, hereby revoking any contrary proxy previously given, hereby appoints Seymour Lichtenstein and Marvin S. Robinson, and each of them, attorneys and proxies, with full power of substitution and revocation, to vote all of the shares of the undersigned in Garan, Incorporated (the "Company") entitled to vote at the special meeting of shareholders of the Company on September 4, 2002, and at any adjournment thereof, as indicated on the reverse side. Except as otherwise indicated on the reverse side, the undersigned authorizes the proxies appointed hereby to vote all shares of stock of the Company standing in the name of the undersigned shareholder. THIS PROXY WHEN PROPERLY EXECUTED WILL BE VOTED IN THE MANNER DIRECTED BY THE SHAREHOLDER. IF NO DIRECTION IS MADE, THIS PROXY WILL BE VOTED FOR PROPOSAL 1 WITH THE DISCRETIONARY AUTHORITY DESCRIBED ABOVE. CONTINUED AND TO BE SIGNED ON REVERSE SIDE SEE REVERSE SEE REVERSE SIDE SIDE THE BOARD OF DIRECTORS RECOMMENDS A VOTE "FOR" THE APPROVAL OF THE AGREEMENT AND PLAN OF MERGER /X/ Please mark your vote as in this example. 1. Proposal to approve the Agreement and Plan of Merger, dated as of July 2, 2002, by and among Berkshire Hathaway Inc., BG Merger Sub Inc. and Garan, Incorporated, as the merger agreement may be amended from time to time. FOR /_/ AGAINST /_/ ABSTAIN /_/ The Board of Directors recommends a vote "FOR" the proposal. MARK HERE FOR ADDRESS CHANGE AND NOTE TO LEFT /_/ Please return your signed proxy at once in the enclosed envelope, which requires no postage if mailed in the United States, even though you expect to attend the meeting in person. The undersigned hereby acknowledges receipt of the Notice of Special Meeting and Proxy Statement dated August 5, 2002. Please date and sign below. If a joint account, each owner should sign. When signing in a representative capacity, please give title. Please sign here exactly as name is printed hereon. __________________________________ _____________ (signature) (date) __________________________________ (counter-signature) -----END PRIVACY-ENHANCED MESSAGE-----