On February 13, 2013, Berkshire Hathaway Inc. ("Berkshire") entered into an equity commitment letter (the "Equity Commitment Letter") with Hawk Acquisition Holding Corporation ("Holding") to purchase, subject to the terms and conditions set forth in the Equity Commitment Letter, $12.12 billion of equity securities of Holding in connection with, and to partially fund the consideration payable at the closing of the merger under, that certain Agreement and Plan of Merger (the "Merger Agreement"), dated as of February 13, 2013, by and among H. J. Heinz Company ("Heinz"), Holding and Holding's wholly owned subsidiary. Berkshire expects at the completion of the transaction to invest $12.12 billion to acquire a package of equity securities consisting of preferred and common stock and warrants issued by Holding. The preferred stock will have a liquidation preference of $8 billion, will pay or accrue a 9% dividend, and will be redeemable at the request of Holding or Berkshire in certain circumstances. The Equity Commitment Letter is filed herewith as Exhibit 10.1 and incorporated herein by reference.

Heinz, Berkshire and 3G Capital, an investment fund of which has also provided an equity commitment letter to Holding in connection with the Merger Agreement, have issued a joint press release announcing the execution of the Merger Agreement, which press release is filed herewith as Exhibit 99.1 and is incorporated herein by reference.

Exhibit
Number       Description

10.1         Equity Commitment Letter of Berkshire Hathaway Inc. dated February 13, 2013

99.1         Press Release dated February 14, 2013

Date: February 14, 2013 By: /s/ Marc D. Hamburg Name: Marc D. Hamburg Title: Senior Vice President and Chief Financial Officer