Page 25 of 32 – SEC Filing
Item 4. Purpose of Transaction
The Berkshire Reporting Persons acquired the Shares for investment purposes. One or more entities within the Berkshire group of companies,
including one or more of the reporting persons filing this Schedule, may determine to purchase additional shares of Common Stock or other securities of DVA in the open market or otherwise, depending upon price, market conditions, availability of
funds, evaluation of alternative investments and other factors, subject to the terms of the Standstill Agreement, as described in Item 6 below. While none of the persons with beneficial ownership over the Insurance Company Shares or
Pension Plan Shares filing this Schedule has any present plans to sell any such Shares, one or more of them could determine, based upon the same set of factors listed above with respect to purchases, to sell some or all of the Shares.
The Weschler Shares were acquired by their holders for investment purposes. Mr. Weschler, who has sole or shared dispositive power over
all of the Weschler Shares, may determine to purchase additional shares of Common Stock or other securities of DVA in the open market or otherwise, depending upon price, market conditions, availability of funds, evaluation of alternative investments
and other factors; provided, that, pursuant to the Letter Agreement, for so long as Berkshire has holdings in securities of DVA, Mr. Weschler is not permitted to purchase, on behalf of himself or on behalf of any member of his
immediate family and related entitles (including trusts of which he is trustee), or pursuant to a power of attorney or other trading authorization, additional shares of Common Stock or other DVA securities, without Mr. Buffetts prior
consent. While Mr. Weschler does not have any present plans to sell any of the Weschler Shares, he could determine, based upon the same set of factors listed above with respect to purchases, to sell some or all of the Weschler Shares;
provided, that, pursuant to the Letter Agreement, for so long as Berkshire has holdings in securities of DVA, Mr. Weschler is not permitted to sell, on behalf of himself or on behalf of any member of his immediate family and
related entitles (including trusts of which he is trustee), or pursuant to a power of attorney or other trading authorization, any of the Common Stock owned as of the date of such letter, without Mr. Buffetts prior consent.
The foregoing references to and description of the Standstill Agreement and Letter Agreement do not purport to be complete and are subject,
and are qualified in their entirety by reference, to the full text of the Standstill Agreement and Letter Agreement, which is incorporated by reference in this Item 4.
Item 5. Interest in Securities of the Issuer
(a) Government Employees Insurance Company (GEICO) is the holder of record of 11,208,904 shares of Common Stock, which represents
5.9% of the outstanding Common Stock. GEICO Advantage Insurance Company (GEICO Advantage) is the holder of record of 223,398 shares of Common Stock, which represents 0.1% of the outstanding Common Stock. GEICO Choice Insurance Company
(GEICO Choice) is the holder of record of 222,842 shares of Common Stock, which represents 0.1% of the outstanding Common Stock. GEICO Indemnity Company (GEICO Indemnity) is the holder of record of 6,795,084 shares of Common
Stock, which represents 3.6% of the outstanding Common Stock. GEICO Secure Insurance Company (GEICO Secure and, collectively with GEIC, GEICO Advantage, GEICO Choice and GEICO Indemnity, the Insurance Company Holders) is the
holder of record of 63,254 shares of Common Stock, which represents less than 0.1% of the outstanding Common Stock. Collectively, the Insurance Company Holders directly own 18,513,482 shares of Common Stock, which represents 9.7% of the outstanding
Common Stock. Each of the Insurance Company Holders is a wholly-owned subsidiary of (and controlled by) GEICO Corp. GEICO Corp. is a wholly-owned subsidiary of (and controlled by) NICO. Thus, each of NICO and GEICO Corp may be deemed to have
beneficial ownership of the Insurance Company Shares.
Acme Brick Company Pension Trust is the holder of record of 350,000 shares of
Common Stock, which represents 0.2% of the outstanding Common Stock. Berkshire Hathaway Consolidated Pension Plan Master Retirement Trust is the holder of record of 2,650,000 shares of Common Stock, which represents 1.4% of the outstanding Common
Stock. BNSF Master Retirement Trust is the holder of record of 6,850,000 shares of Common Stock, which represents 3.6% of the outstanding Common Stock. Buffalo News Driver/Distributors Pension Plan is the holder of record of 20,000 shares of Common
Stock, which represents less than 0.1% of the outstanding Common Stock. Buffalo News Editorial Pension Plan is the holder of record of 250,000 shares of Common Stock, which represents 0.1% of the outstanding Common Stock Buffalo News Mechanical
Pension Plan is the holder of record of 50,000 shares of Common Stock, which represents less than 0.1% of the outstanding Common Stock. Buffalo News Office Pension Plan is the holder of record of 150,000 shares of Common Stock, which represents 0.1%
of the outstanding Common Stock. GEICO Corporation Pension Plan Trust is the holder of record of 3,300,000 shares of Common Stock, which represents 1.7% of the outstanding Common Stock. General Re Corp. Employee Retirement Trust is the holder of
record of 944,418 shares of Common Stock, which represents 0.5% of the outstanding Common Stock. Johns Manville Corporation Master Pension Trust is the holder of record of 3,467,670 shares of Common Stock, which represents 1.8% of the outstanding
Common Stock. Lubrizol Master Trust Pension is the holder of record of 1,570,000 shares of Common Stock, which represents 0.8% of the outstanding Common Stock. Scott Fetzer Company Collective
