exv4w21









 







    EXHIBIT
    4.21



 




    NOTICE OF
    GUARANTEED DELIVERY




    for Tender of




    5.000% Senior Notes Due
    2013




    of Berkshire Hathaway Finance
    Corporation,




    unconditionally guaranteed by
    Berkshire Hathaway Inc.



 



    As set forth in the Exchange Offer (as defined below), this
    Notice of Guaranteed Delivery (or a facsimile hereof) or one
    substantially equivalent hereto or the electronic form used by
    The Depository Trust Company (“DTC”) for this purpose
    must be used to accept the Exchange Offer of certificates for
    5.000% Senior Notes Due 2013 (the “Outstanding
    Notes”) of Berkshire Hathaway Finance Corporation, a
    Delaware corporation (the “Company”), not immediately
    available to the registered holder of such Outstanding Notes, or
    if a participant in DTC is unable to complete the procedures for
    book-entry transfer on a timely basis of Outstanding Notes to
    the account maintained by J.P. Morgan Trust Company,
    National Association (the “Exchange Agent”) at DTC,
    prior to 5:00 p.m., New York City time,
    on            ,
    2008, unless extended (the “Expiration Date”). This
    Notice of Guaranteed Delivery (or a facsimile hereof) or one
    substantially equivalent hereto may be delivered by mail
    (registered or certified mail is recommended), by facsimile
    transmission, by hand or overnight carrier to the Exchange
    Agent. See “The Exchange Offer — Procedures for
    Tendering Outstanding Notes” in the Prospectus (as defined
    below). Capitalized terms used herein and not defined herein
    have the meanings assigned to them in the Exchange Offer.



 



    The Exchange Agent for the Exchange Offer is:



 



    The Bank of New York Trust




    Corporate Trust Dept. — Reorganization Unit




    101 Barclay Street, 7E




    New York, NY 10286




    Phone.: 212-815-3738




    Fax: 212-298-1915



 



    Delivery of this Notice of Guaranteed Delivery to an address
    other than as set forth above or transmission of this Notice of
    Guaranteed Delivery via a facsimile number other than the number
    listed above will not constitute a valid delivery.



 



    This Notice of Guaranteed Delivery is not to be used to
    guarantee signatures. If a signature on a Letter of Transmittal
    is required to be guaranteed by an Eligible Institution (as
    defined therein) under the instructions thereto, such signature
    guarantee must appear in the applicable space provided in the
    signature box on the Letter of Transmittal.













 






    Ladies and Gentlemen:



 



    The undersigned hereby tenders to Berkshire Hathaway Finance
    Corporation, a Delaware corporation (the “Company”),
    the aggregate principal amount of Outstanding Notes indicated
    below pursuant to the guaranteed delivery procedures and upon
    the terms and subject to the conditions set forth in the
    Prospectus
    dated            ,
    2008 (as the same may be amended or supplemented from time to
    time, the “Prospectus”) and in the related Letter of
    Transmittal (which together with the Prospectus constitute the
    “Exchange Offer”), receipt of which is hereby
    acknowledged.



 



    The undersigned hereby represents, warrants and agrees that the
    undersigned has full power and authority to tender, exchange,
    sell, assign, and transfer the tendered Outstanding Notes and
    that the Company will acquire good, marketable and unencumbered
    title thereto, free and clear of all liens, restrictions,
    charges and encumbrances when the tendered Outstanding Notes are
    acquired by the Company as contemplated herein, and the tendered
    Outstanding Notes are not subject to any adverse claims or
    proxies. The undersigned warrants and agrees that the
    undersigned and each Beneficial Owner will, upon request,
    execute and deliver any additional documents deemed by the
    Company or the Exchange Agent to be necessary or desirable to
    complete the tender, exchange, sale, assignment and transfer of
    the tendered Outstanding Notes, and that the undersigned will
    comply with its obligations under the Registration Rights
    Agreement. The undersigned has read and agrees to all of the
    terms of the Exchange Offer.



 



    BY TENDERING OUTSTANDING NOTES AND EXECUTING THIS NOTICE OF
    GUARANTEED DELIVERY, THE UNDERSIGNED HEREBY REPRESENTS AND
    WARRANTS THAT (I) NEITHER THE UNDERSIGNED NOR ANY
    BENEFICIAL OWNER(S) IS AN “AFFILIATE” OF THE COMPANY
    AS DEFINED IN RULE 405 UNDER OF THE SECURITIES ACT,
    (II) ANY EXCHANGE NOTES TO BE RECEIVED BY THE
    UNDERSIGNED AND ANY BENEFICIAL OWNER(S) ARE BEING ACQUIRED BY
    THE UNDERSIGNED AND ANY BENEFICIAL OWNER(S) IN THE ORDINARY
    COURSE OF BUSINESS OF THE UNDERSIGNED AND ANY BENEFICIAL
    OWNER(S), (III) THE UNDERSIGNED AND EACH BENEFICIAL OWNER
    HAVE NO ARRANGEMENT OR UNDERSTANDING WITH ANY PERSON TO
    PARTICIPATE IN A DISTRIBUTION (WITHIN THE MEANING OF THE
    SECURITIES ACT) OF EXCHANGE NOTES TO BE RECEIVED IN THE
    EXCHANGE OFFER, (IV) THE UNDERSIGNED OR ANY SUCH BENEFICIAL
    OWNER IS NOT ENGAGED IN, AND DOES NOT INTEND TO ENGAGE IN, A
    DISTRIBUTION (WITHIN THE MEANING OF THE SECURITIES ACT) OF SUCH
    EXCHANGE NOTES AND (V) THE UNDERSIGNED IS NOT ACTING ON
    BEHALF OF ANY PERSON OR ENTITY THAT COULD NOT TRUTHFULLY MAKE
    THESE STATEMENTS. IF THE UNDERSIGNED IS A BROKER-DEALER, IT
    ACKNOWLEDGES THAT IT WILL DELIVER A COPY OF THE PROSPECTUS IN
    CONNECTION WITH ANY RESALE OF THE EXCHANGE NOTES.



 



    All questions as to the form of documents, validity, eligibility
    (including time of receipt) and acceptance for exchange of
    tendered Outstanding Notes will be determined by the Company, in
    its sole discretion, whose determination shall be final and
    binding on all parties. The Company reserves the absolute right,
    in its sole and absolute discretion, to reject any and all
    tenders determined by the Company not to be in proper form or
    the acceptance of which, or exchange for, may, in the view of
    the Company or its counsel, be unlawful.



 



    All authority herein conferred or agreed to be conferred shall
    survive the death or incapacity of the undersigned and every
    obligation of the undersigned hereunder shall be binding upon
    the heirs, executors, administrators, personal representatives,
    trustees in bankruptcy, legal representatives, successors and
    assigns of the undersigned.




    

    2








 












 


		
	    Name(s) of
    Registered
    Holder(s): 	
    





 






    Please Print



 


		
	    Address(es): 	
    





 





 


		
	    Area Code and Tel.
    No(s): 	
    





 


			
	 	    x 
	
    


	 
	 	    x 
	
    






    Signature(s) of Owner(s) or
    Authorized Signatory













 



    Must be signed by the registered holder(s) of the tendered
    Outstanding Notes as their name(s) appear(s) on certificates for
    such tendered Outstanding Notes, or on a security position
    listing, or by person(s) authorized to become registered
    holder(s) by endorsement and documents transmitted with this
    Notice of Guaranteed Delivery. If signature is by a trustee,
    executor, administrator, guardian,
    attorney-in-fact,
    officer or other person acting in a fiduciary or representative
    capacity, such person must set forth his or her full title below.



 


	 	 	 	 	 	 	 
	
 
	
 
	
 
	
    Aggregate Principal

    
	
 
	
 
	
 

	
    Certificate No(s)

    
	
 
	
 
	
    Amount Represented

    
	
 
	
 
	
    Aggregate Principal

    

	
    (if available)
	
 
	
 
	
    by Certificate
	
 
	
 
	
    Amount Tendered

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 
	
 
	
 









 







         If Outstanding Notes will be
    delivered by book-entry transfer to The Depository Trust
    Company, provide the following information:




 


		
	    Signature: 	
    





 


		
	    Account Number: 	
    





 


		
	    Date: 	
    












 







    THE
    GUARANTEE ON THE REVERSE SIDE MUST BE COMPLETED




    

    3








 








 








    GUARANTEE




    (Not to be used for signature guarantee)



 



    The undersigned, a firm or other entity identified in
    Rule 17Ad-15 under the Securities Exchange Act of 1934, as
    amended, as an “eligible guarantor institution,”
    including (as such terms are defined therein): (i) a bank;
    (ii) a broker, dealer, municipal securities broker,
    municipal securities dealer, government securities broker,
    government securities dealer; (iii) a credit union;
    (iv) a national securities exchange, registered securities
    association or clearing agency; or (v) a savings
    association that is a participant in a Securities Transfer
    Association recognized program (each of the foregoing being
    referred to as an “Eligible Institution”), hereby
    guarantees delivery to the Exchange Agent, at one of its
    addresses set forth above, either certificates for the
    Outstanding Notes tendered hereby, in proper form for transfer,
    or confirmation of the book-entry transfer of such Outstanding
    Notes to the Exchange Agent’s account at The Depository
    Trust Company (“DTC”), pursuant to the procedures for
    book-entry transfer set forth in the Prospectus, in either case
    together with one or more properly completed and duly executed
    Letter(s) of Transmittal (or facsimile thereof or an
    Agent’s Message in lieu thereof) and any other documents
    required by the Letter of Transmittal, all within three
    (3) business days after the date of execution of this
    Notice of Guaranteed Delivery.



 


 



    The undersigned acknowledges that it must communicate the
    guarantee to the Exchange Agent and must deliver the Letter of
    Transmittal and certificates for the Outstanding Notes tendered
    hereby to the Exchange Agent within the time period shown hereon
    and that failure to do so could result in a financial loss to
    the undersigned.






 


	 	 	 
	
 
	
 
	
 

	

    Firm


	
 
	
    Authorized Signature

	
 
	
 
	
 

	
 
	
 
	

    Name: 

    





	
 
	
 
	
 

	

    Address


	
 
	
    (Please Type or Print)

	
 
	
 
	
 

	
 
	
 
	

    Title: 

    





	
 
	
 
	
 

	

    Zip Code


	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
    Dated:
    ­
    ­
    , 2008









 


		
	    Area Code and Tel. No.:	
    





 















    DO NOT SEND CERTIFICATES FOR OUTSTANDING NOTES WITH THIS
    NOTICE OF GUARANTEED DELIVERY. ACTUAL SURRENDER OF OUTSTANDING
    NOTES MUST BE MADE PURSUANT TO, AND BE ACCOMPANIED BY, A
    PROPERLY COMPLETED AND DULY EXECUTED LETTER OF TRANSMITTAL AND
    ANY OTHER REQUIRED DOCUMENT.




    

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