-----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, Dt5fj/6Je2kYd4wdChHXGMPufSjCOyKX9KE3yDndjf/TfHnwNopxvlXhLB4j81Fv jlhgHQRhshh4YR+8938gvQ== 0000950123-10-055191.txt : 20100602 0000950123-10-055191.hdr.sgml : 20100602 20100602162038 ACCESSION NUMBER: 0000950123-10-055191 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100601 ITEM INFORMATION: Submission of Matters to a Vote of Security Holders ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100602 DATE AS OF CHANGE: 20100602 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BANKATLANTIC BANCORP INC CENTRAL INDEX KEY: 0000921768 STANDARD INDUSTRIAL CLASSIFICATION: SAVINGS INSTITUTION, FEDERALLY CHARTERED [6035] IRS NUMBER: 650507804 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13133 FILM NUMBER: 10873081 BUSINESS ADDRESS: STREET 1: 2100 W. CYPRESS CREEK RD. CITY: FORT LAUDERDALE STATE: FL ZIP: 33309 BUSINESS PHONE: 9547605000 MAIL ADDRESS: STREET 1: 2100 W. CYPRESS CREEK RD. CITY: FORT LAUDERDALE STATE: FL ZIP: 33309 8-K 1 g23674e8vk.htm FORM 8-K e8vk
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): June 1, 2010
BankAtlantic Bancorp, Inc.
 
(Exact name of registrant as specified in its charter)
         
Florida   001-13133   65-0507804
         
(State or other jurisdiction
of incorporation)
  (Commission
File Number)
  (IRS Employer
Identification No.)
     
2100 West Cypress Creek Road,
Ft. Lauderdale, Florida
  33309
     
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code: 954-940-5000
Not Applicable
 
(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o      Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o      Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o      Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o      Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


 

Item 5.07 Submission of Matters to a Vote of Security Holders.
     The 2010 Annual Meeting of Shareholders of BankAtlantic Bancorp, Inc. (the “Company”) was held on June 1, 2010. The only proposal submitted to a vote of the Company’s shareholders at the meeting was the election of three directors to the Company’s Board of Directors, each to serve for a three-year term expiring at the Company’s 2013 Annual Meeting of Shareholders. The three director nominees were elected by the Company’s shareholders by the following votes:
                         
                    Broker
    Votes   Votes   Non-
Director   For   Withheld   Votes
 
                       
Steven M. Coldren
    69,790,689       707,862       23,617,035  
Willis N. Holcombe
    69,777,644       720,907       23,617,035  
Jarett S. Levan
    69,771,771       726,780       23,617,035  
Item 8.01 Other Events.
     On June 2, 2010, the Company issued a press release in which it announced its intention to pursue a rights offering for up to $25 million of its Class A Common Stock. The subscription rights to be distributed in the rights offering will be issued to record holders of the Company’s Class A Common Stock and Class B Common Stock as of the close of business on June 14, 2010. A copy of the press release is filed as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.
     Matters discussed in this Current Report on Form 8-K contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 that involve substantial risks and uncertainties, including, but not limited to, the risk that, because of business, economic or market conditions or for any other reasons within the Company’s discretion, the Company may decide not to pursue the rights offering and the risk that the rights offering may not otherwise be consummated. In addition to the risks and uncertainties identified above, reference is also made to other risks and uncertainties detailed in reports filed by the Company with the Securities and Exchange Commission.
Item 9.01 Financial Statements and Exhibits.
(d)      Exhibits
99.1      Press release dated June 2, 2010

 


 

SIGNATURES
     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
Date: June 2, 2010  BANKATLANTIC BANCORP, INC.
 
 
  By:   /s/ Valerie C. Toalson    
    Valerie C. Toalson,   
    Executive Vice President – Chief Financial Officer   
 

 


 

EXHIBIT INDEX
     
Exhibit   Description
 
 
   
99.1
  Press release dated June 2, 2010

 

EX-99.1 2 g23674exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
BankAtlantic Bancorp, Inc. Announces Proposed Rights Offering
Fort Lauderdale, Fla., June 2, 2010 (BUSINESS WIRE) — BankAtlantic Bancorp, Inc. (NYSE:BBX) today announced that it intends to pursue a rights offering for up to $25 million of its Class A Common Stock. A record date of June 14, 2010 has been set for the proposed rights offering. Upon commencement of the rights offering, BankAtlantic Bancorp will distribute non-transferable subscription rights to purchase shares of its Class A Common Stock to each holder of its Class A Common Stock and Class B Common Stock as of the close of business on the record date. The amount of subscription rights to be distributed in the rights offering will be determined based on the total number of shares of BankAtlantic Bancorp’s Class A Common Stock and Class B Common Stock outstanding on the record date. The subscription price will be established on a date closer to the record date.
BankAtlantic Bancorp’s Chairman and Chief Executive Officer, Alan B. Levan, commented, “BankAtlantic’s capital continues to be in excess of all regulatory ‘well capitalized’ levels with a total risk-based capital ratio of 12.86%, a tier 1 risk-based capital ratio of 10.90% and a core capital ratio of 7.51% at March 31, 2010. BankAtlantic Bancorp has continued to support the capital of BankAtlantic as it experiences losses as a result of adverse economic conditions generally and the deterioration of real estate values in the Florida market in particular. It is currently anticipated that the proceeds from the rights offering will be contributed to BankAtlantic.”
BankAtlantic Bancorp previously filed a shelf registration statement, which included a base prospectus, with the Securities and Exchange Commission to register up to $75 million of securities, including subscription rights and shares of Class A Common Stock. The shelf registration statement was declared effective on May 4, 2010 and will be used in connection with the rights offering. The rights offering will be made only by means of a prospectus supplement to be distributed to record date shareholders as soon as possible after the record date.
This press release shall not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of these securities in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state. When available, copies of the prospectus supplement and accompanying base prospectus relating to these securities may be obtained by contacting BankAtlantic Bancorp, Inc., Attn: Investor Relations, 2100 West Cypress Creek Road, Fort Lauderdale, FL 33309.
About BankAtlantic Bancorp:
BankAtlantic Bancorp (NYSE: BBX) is a bank holding company and the parent company of BankAtlantic.
About BankAtlantic:
BankAtlantic, Florida’s Most Convenient Bank, is one of the largest financial institutions headquartered in Florida. Via its broad network of community branches, online banking division — BankAtlantic.com, and conveniently located ATMs, BankAtlantic provides a full line of personal, small business and commercial banking products and services. BankAtlantic is open 7 days a week with extended weekday hours, Free Online Banking & Bill Pay, a 7-Day Customer Service Center and Change Exchange coin counters.
For further information, please visit our websites:
www.BankAtlanticBancorp.com
www.BankAtlantic.com
To receive future BankAtlantic Bancorp news releases or announcements directly via Email, please click on the Email Broadcast Sign Up button on our website: www.BankAtlanticBancorp.com.
BankAtlantic Bancorp Contact Info:
Leo Hinkley, Investor and Media Relations Officer
Telephone: (954) 940-5300
Email: InvestorRelations@BankAtlanticBancorp.com
BankAtlantic, “Florida’s Most Convenient Bank,” Contact Info:
Media Relations:
Sharon Lyn, Vice President
Telephone: 954-940-6383, Fax: 954-940-5320
Email: CorpComm@BankAtlanticBancorp.com
###
Matters discussed in this press release contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 that involve substantial risks and uncertainties, including, but not limited to, the risk that, because of business, economic or market conditions or for any other reasons within BankAtlantic Bancorp’s discretion, BankAtlantic Bancorp may decide not to pursue the rights offering and the risk that the rights offering may not otherwise be consummated. In addition to the risks and uncertainties identified above, reference is also made to other risks and uncertainties detailed in reports filed by BankAtlantic Bancorp with the Securities and Exchange Commission.

 

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