Berkshire Hathaway Obtains FTC and Canadian Competition Bureau Clearance for Benjamin Moore Acquisition.Business Editors OMAHA, Nebraska & MONTVALE, N.J.--(BUSINESS WIRE)--Dec. 7, 2000 Berkshire Hathaway Inc. (NYSE NYSE See: New York Stock Exchange : BRK BRK Break BRK Broken (meteorological, cloud cover) BRK Bayerisches Rotes Kreuz (Bavarian Red Cross) BRK Berkshire Hathaway (stock symbol) BRK Brick .A, BRK.B) and Benjamin Moore & Co. (OTCBB OTCBB See OTC Bulletin Board (OTCBB). : MBEN.OB) announced today that the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (Public Law 94-435, known commonly as the HSR Act) is a set of amendments to the antitrust laws of the United States, principally the Clayton Antitrust Act. The HSR Act was signed into law by President Gerald R. of 1976, as amended, applicable to Berkshire Hathaway's tender offer for Benjamin Moore & Co. has expired. The applicable waiting period under the Competition Act (Canada), as amended, also has expired, and the Canadian Competition Bureau has notified Berkshire Hathaway that it does not intend to challenge the tender offer. The expiration of the two waiting periods clears the way for Berkshire Hathaway to acquire Benjamin Moore. The tender offer is scheduled to expire at midnight New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. time, on Friday, December 15, 2000, unless it is extended. The tender offer was commenced on November 17, 2000, by B Acquisition, Inc., a wholly owned subsidiary Wholly Owned Subsidiary A subsidiary whose parent company owns 100% of its common stock. Notes: In other words, the parent company owns the company outright and there are no minority owners. of Berkshire Hathaway, for all of the outstanding shares of common stock of Benjamin Moore at the cash price of $37.82 per share. The tender offer is subject to certain conditions, including the tender of not less than two-thirds of the outstanding common stock of Benjamin Moore on a fully diluted basis. Upon successful completion of the tender offer, Berkshire Hathaway and Benjamin Moore intend to merge B Acquisition with and into Benjamin Moore. Pursuant to this merger, the remaining shareholders of Benjamin Moore will receive the same amount per share as paid in the tender offer, and Benjamin Moore will become a wholly owned subsidiary of Berkshire Hathaway. The total value of the transaction is approximately $1 billion dollars. Benjamin Moore, a leading manufacturer and retailer of premium paints, stains, and industrial coatings, was founded in 1883. Headquartered in Montvale, New Jersey Montvale is a borough in Bergen County, New Jersey, United States. As of the United States 2000 Census, the borough population was 7,034. Montvale was incorporated as a borough on August 31, 1894, from portions of both Orvil Township and Washington Township, at the height , Benjamin Moore's products are distributed throughout North American North American named after North America. North American blastomycosis see North American blastomycosis. North American cattle tick see boophilusannulatus. through a network of authorized dealers. Berkshire Hathaway is a holding company which owns subsidiaries engaged in a diverse number of business activities. The most important of these is the property and casualty insurance business conducted on both a direct and reinsurance The contract made between an insurance company and a third party to protect the insurance company from losses. The contract provides for the third party to pay for the loss sustained by the insurance company when the company makes a payment on the original contract. basis through a number of subsidiaries. This press release contains forward-looking statements with respect to management's beliefs about the financial conditions, results of operations, and business of Berkshire Hathaway and Benjamin Moore. These statements involve risk and uncertainties. The actual outcome could differ materially from that contemplated by such statements. Factors that could cause or contribute to such differences could include, but are not limited to, general business conditions, strength of retail economy and growth in the coatings industry, unusual weather conditions, and competition in the coatings business, as well as other risks detailed herein and in reports filed by Benjamin Moore with the Securities and Exchange Commission ("SEC"). Benjamin Moore shareholders are advised to read the tender offer statement (including an offer to purchase, letter of transmittal Letter of Transmittal A document used by security holder to accompany certificates surrendered in an exchange or other corporate action. , and related tender offer documents) regarding the acquisition of Benjamin Moore referenced in this news release, which has been filed by Berkshire Hathaway and B Acquisition with the SEC, and the related solicitation/recommendation statement filed by Benjamin Moore with the SEC. The tender offer statement and the solicitation/recommendation statement contain important information which should be read carefully before any decision is made with respect to the tender offer. These documents are available to all shareholders of Benjamin Moore at no expense to them. These documents also are available at no charge at the SEC's web site, www.sec.gov. |
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