07 May 2013 "Standstill agreement" between Berkshire Hathaway and DaVita limits ownership to 25% ( Portfolio )

On May 7, 2013, the Company entered into a letter agreement (the “Standstill Agreement”) with Berkshire Hathaway Inc., on behalf of itself and its Affiliates (as defined in Rule 12b-2 under the Securities Exchange Act of 1934, as amended) (collectively, “Investor”) pursuant to which Investor agreed, subject to certain exceptions and to the termination provisions specified in the Standstill Agreement, not to acquire beneficial ownership of the Company exceeding 25% of the Company’s then-outstanding Common Stock, and to certain other provisions respecting stockholders meetings, mergers and other matters specified therein.