In a period of declining interest rates, which we certainly have had, what happens to a zero-coupon bond is that its market price races toward the maturity value -- $1 million in this case. Recently, the value of the Buffett-Protégé bond was about $930,000, which means that in just over four years it is up 45% from the purchase price. That doesn't match the payoff from Apple (AAPL), but it's a heck of a run during a time when the general stock market was a dog.
Both Buffett and Ted Seides, the Protégé partner who engineered the 10-year-bet, are well aware that the returns to be earned by the zero-coupon bond from its price today can be no better than meager for the nearly six years left in the bet. That's because the ceiling is the bond's maturity value of $1 million. The view is definitely unappealing, says Seides: "We're looking at annual returns that won't be much better than 1%."
So the two sides began a few weeks ago to talk to the Long Now Foundation about its selling the zero-coupon bond and putting the proceeds into an investment that putatively could deliver the winning charity more than $1 million when the bet winds up. The first plan discussed was for half of the proceeds to be invested in Buffett's company, Berkshire Hathaway (BRKA), and the other half to be invested in a fund of funds that Protégé runs (and that has always been assumed to be one of the five funds of funds that Protégé picked for the bet). But that plan died because it would have required Long Now to become a partner in the fund and, for complex reasons arising from the securities laws, it did not meet the definition of a "qualified purchaser."
So a second plan was devised and is now going forward. It calls for the bond to be sold and the total proceeds to be invested in Berkshire Hathaway stock.
Naturally, some set of dire circumstances could make the roughly $930,000 put into Berkshire worth less than $1 million at the bet's conclusion on December 31, 2017. So Buffett has guaranteed $1 million by giving Long Now the right at the bet's conclusion to "put" the stock to him (or his estate) in exchange for that amount. In other words, $1 million becomes the floor for the winning charity, with the Berkshire investment establishing the prospect for more.
Meanwhile, the tortoise and the hare are dealing with the good market of 2012, which so far is suggesting that one or both might show -- how radical! -- a cumulative profit when the halfway mark in the bet is reached at the end of this year.
FORTUNE senior editor-at-large Carol Loomis, who wrote this article, is a longtime friend of Warren Buffett's, a Berkshire Hathaway shareholder, and editor of his annual letter to shareholders.