EXHIBIT 2.1
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT
This AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT (this "Amendment"),
dated as of November 29, 2001, by and among Fruit of the Loom, Ltd., a Cayman
Islands company, Fruit of the Loom, Inc., a Delaware corporation, Union
Underwear Company, Inc., a New York corporation (collectively, "Sellers"), FTL
Caribe, Ltd., a Cayman Islands company ("FTL Caribe"), New FOL Inc., a Delaware
corporation ("Purchaser"), and Berkshire Hathaway Inc., a Delaware corporation
("Berkshire").
RECITALS
WHEREAS, Sellers, FTL Caribe, Purchaser, and Berkshire previously
entered into an Asset Purchase Agreement, dated as of November 1, 2001 (the
"Asset Purchase Agreement"); and
WHEREAS, Sellers, FTL Caribe, Purchaser, and Berkshire wish to amend
the Asset Purchase Agreement as provided below;
NOW THEREFORE, in consideration of the premises and the mutual
agreements herein contained, the parties hereto, intending to be legally bound,
hereby agree as follows:
AGREEMENT
1. Amendment of Section 8.01(c). The words "November 30, 2001" in
Section 8.01(c) of the Asset Purchase Agreement are hereby deleted and replaced
with the words "December 7, 2001".
2. No Other Changes. Except as expressly set forth in Section 1 above,
all of the provisions of the Asset Purchase Agreement shall remain in full force
and effect.
3. Certain Definitions. Capitalized terms used herein and not
otherwise defined herein shall have the respective meanings ascribed to them in
the Asset Purchase Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of
the date first written above.
Fruit of the Loom, Ltd.
By: _____________________________
Name:
Title:
Fruit of the Loom, Inc.
By: _____________________________
Name:
Title:
Fruit of the Loom, Ltd.
By: _____________________________
Name:
Title:
FTL Caribe, Ltd.
By: _____________________________
Name:
Title:
New FOL Inc.
By: _____________________________
Name: Xxxx X. Hamburg
Title: President
Berkshire Hathaway Inc.
By: _____________________________
Name: Xxxx X. Hamburg
Title: Vice President and Chief
Financial Officer
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