<PAGE>
EXHIBIT (a)(3)
NOTICE OF GUARANTEED DELIVERY
for
Tender of Shares of Common Stock
of
Justin Industries, Inc.
to
J Acquisition Corp.
a wholly owned subsidiary of
Berkshire Hathaway Inc.
(Not to Be Used for Signature Guarantees)
This Notice of Guaranteed Delivery, or a form substantially equivalent
hereto, must be used to accept the Offer (as defined below) if certificates
representing shares of Common Stock, par value $2.50 per share (together with
the associated common stock purchase rights (the "Rights") issued pursuant to
the Rights Agreement, dated as of October 6, 1989, as amended from time to
time, between the Company and The Bank of New York, as Rights Agent, the
"Shares"), of Justin Industries, Inc., a Texas corporation, are not
immediately available, if the procedure for book-entry transfer cannot be
completed prior to the Expiration Date (as defined in Section 1 of the Offer
to Purchase), or if time will not permit all required documents to reach the
Depositary prior to the Expiration Date. Such form may be delivered by hand,
transmitted by facsimile transmission or mailed to the Depositary. See Section
3 of the Offer to Purchase.
The Depositary for the Offer is:
The Bank of New York
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<S> <C> <C>
By Mail: By Facsimile Transmission: By Hand or Overnight Courier:
Tender & Exchange Department (Eligible Institutions Only) Tender & Exchange Department
P.O. Box 11248 (212) 815-6213 101 Barclay Street
Church Street Station Receive and Deliver Window
New York, New York 10286-1248 Confirm by Telephone to: New York, New York 10286
(212) 815-6156
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Delivery of this Notice of Guaranteed Delivery to an address other than as
set forth above or transmission of instructions via facsimile number other
than as set forth above will not constitute a valid delivery.
This form 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" under the instructions thereto, such signature guarantee must
appear in the applicable space provided in the signature box on the Letter of
Transmittal.
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Ladies and Gentlemen:
The undersigned hereby tenders to J Acquisition Corp., a Texas
corporation ("Purchaser") and a wholly owned subsidiary of Berkshire
Hathaway Inc., a Delaware corporation, upon the terms and subject to the
conditions set forth in Purchaser's Offer to Purchase dated June 27, 2000
and the related Letter of Transmittal (which, together with any amendments
or supplements thereto, constitute the "Offer"), receipt of which is hereby
acknowledged, the number of shares set forth below of Common Stock, par
value $2.50 per share (together with the associated common stock purchase
rights (the "Rights") issued pursuant to the Rights Agreement, dated as of
October 6, 1989, as amended from time to time, between the Company and The
Bank of New York, as Rights Agent, the "Shares"), of Justin Industries,
Inc., a Texas corporation, pursuant to the guaranteed delivery procedures
set forth in Section 3 of the Offer to Purchase.
Number of Shares: __________________________________________________________
Certificate Nos. (if available): ___________________________________________
Name(s) of Record Holder(s): _______________________________________________
____________________________________________________________________________
(Please Print)
____________________________________________________________________________
Address(es): _______________________________________________________________
(Zip Code)
Area Code and Tel. No.: ____________________________________________________
Check box if Shares will be tendered by book-entry transfer: [_]
Signature(s): ______________________________________________________________
____________________________________________________________________________
Account Number: ____________________________________________________________
Dated: _________, 2000
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<PAGE>
GUARANTEE
(Not to Be Used for Signature Guarantees)
The undersigned, a participant in the Securities Transfer Agents
Medallion Program, the New York Stock Exchange Medallion Program or the
Stock Exchange Medallion Program, guarantees to deliver to the Depositary
either certificates representing the Shares tendered hereby, in proper
form for transfer, or confirmation of book-entry transfer of such Shares
into the Depositary's account at The Depository Trust Company, in each
case with delivery of a properly completed and duly executed Letter of
Transmittal (or facsimile thereof), with any required signature
guarantees, or an Agent's Message, and any other documents required by the
Letter of Transmittal, within three trading days (as defined in the Offer
to Purchase) after the date hereof.
The Eligible Institution that completes this form must communicate the
guarantee to the Depositary and must deliver the Letter of Transmittal and
certificates for Shares to the Depositary within the time period set forth
herein. Failure to do so could result in a financial loss to such Eligible
Institution.
Name of Firm: _____________________________________________________________
___________________________________________________________________________
Authorized Signature
Address: __________________________________________________________________
Zip Code
Area Code and Tel. No.: ___________________________________________________
Name: _____________________________________________________________________
Please Print
Title: ____________________________________________________________________
Dated: ____________, 2000
NOTE: DO NOT SEND CERTIFICATES FOR SHARES WITH THIS NOTICE. CERTIFICATES
SHOULD BE SENT ONLY WITH YOUR LETTER OF TRANSMITTAL.
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