exv4w19



 




EXHIBIT 4.19




NOTICE OF GUARANTEED DELIVERY




for Tender of




4.85% Senior Notes Due 2015




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
4.85% Senior Notes Due 2015 (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
[                    ],
2005, 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:




J.P. Morgan Trust Company, National Association




Institutional Trust Services




Attn: Frank Ivins




2001 Bryan Street




9th Floor




Dallas, TX 75201




Phone No.: 1-800-275-2048




Fax Confirmation: 214-468-6494



     
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
[                    ],
2005 (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.



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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



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    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
	 
	
    
     
Address

    	 	
    Name:  

    (Please Type or Print)
	 
	
    
     
Zip
    Code

    	 	
    Title:  

	 
	 	 	
    Dated: -------------------- , 2005
	 
	
    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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