-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ISP43on0evtx1R10VZ/Q0xpMmZxjwd5tca9n6exqwngKxyEuXQgT/Zhiso+IAny6 i7woSQpkvfeiFlWWWBb+Pw== 0001209191-07-057184.txt : 20071004 0001209191-07-057184.hdr.sgml : 20071004 20071004165826 ACCESSION NUMBER: 0001209191-07-057184 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20071001 FILED AS OF DATE: 20071004 DATE AS OF CHANGE: 20071004 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: LEVITT CORP CENTRAL INDEX KEY: 0001218320 STANDARD INDUSTRIAL CLASSIFICATION: GEN BUILDING CONTRACTORS - RESIDENTIAL BUILDINGS [1520] IRS NUMBER: 113675068 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2200 WEST CYPRESS CREEK ROAD CITY: FORT LAUDERDALE STATE: FL ZIP: 33309 BUSINESS PHONE: 954-958-1800 MAIL ADDRESS: STREET 1: 2200 WEST CYPRESS CREEK ROAD CITY: FORT LAUDERDALE STATE: FL ZIP: 33309 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: FROHLICH PHIL CENTRAL INDEX KEY: 0001127429 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-31931 FILM NUMBER: 071157257 BUSINESS ADDRESS: BUSINESS PHONE: 9187473411 MAIL ADDRESS: STREET 1: 1924 SOUTH IRICA SUITE 1120 CITY: TULSA STATE: OK ZIP: 741046529 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PRESCOTT GROUP CAPITAL MANAGEMENT LLC CENTRAL INDEX KEY: 0001166152 STATE OF INCORPORATION: OK FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-31931 FILM NUMBER: 071157258 BUSINESS ADDRESS: STREET 1: 1924 S UTICA SUITEF 1120 CITY: TULSA STATE: OK ZIP: 74104 BUSINESS PHONE: 9187473412 4 1 bod50305_bod2pgcm.xml MAIN DOCUMENT DESCRIPTION X0202 4 2007-10-01 1 0001218320 LEVITT CORP LEV 0001166152 PRESCOTT GROUP CAPITAL MANAGEMENT LLC 1924 SOUTH UTICA, SUITE 1120 TULSA OK 74104 0 0 1 0 0001127429 FROHLICH PHIL 1924 SOUTH UTICA, SUITE 1120 TULSA OK 74104 0 0 1 0 Common Stock 2007-10-01 2007-10-01 4 P 0 103379 2.00 A 2983817 I See Footnote The filing of this Form 4 shall not be construed as an admission that Prescott Group Capital Management, L.L.C. ("Prescott Capital") or Phil Frohlich, the manager of Prescott Capital is or was for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended, or otherwise the beneficial owner of any of the shares of class A common stock of Levitt Corporation (the "Common Stock") purchased by Prescott Group Aggressive Small Cap Master Fund, G.P. (the "Master Fund") for the accounts of Prescott Group Aggressive Small Cap, L.P.or Prescott Group Aggressive Small Cap II, L.P. (together the "Small Cap Funds") Pursuant to Rule 16a-1, both Prescott Capital and Phil Frohlich disclaim such beneficial ownerhip. Prescott Capital holds indirectly 2,983,817 shares of Common Stock of Levitt Corporation through the account of the Master Fund of which the Prescott Capital is the Investment Manager. The Master Fund holds the shares of Common Stock for the accounts of the Small Cap Funds, for which Prescott Capital is the Investment Manager. Prescott Capital receives a portion of the profits in the way of a capital allocation from and owns a partnership interest in the Small Cap Funds. Phil Frohlich reports the shares held indirectly by Prescott Capital because, as the manager of Prescott Capital at the time of purchase, he controlled the disposition and voting of the securities. The 103,379 shares of Common Stock reported in this Form 4 were purchased by Prescott Capital pursuant to a rights offering by Levitt Corporation that closed on October 1, 2007. Prescott Capital has requested, purusant to the terms of the rights offering, an over allotment of shares of Common Stock, but, as of the date of this filing, Prescott Capital has not recieved any confirmation of delivery of such shares. Accordingly, Precott Capital is not reporting any such shares on this Form 4. Phil Frohlich, manager of Prescott Group Capital Management, L.L.C. 2007-10-04 /s/ Phil Frohlich 2007-10-04 -----END PRIVACY-ENHANCED MESSAGE-----