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Quotes & Info
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| BBX > SEC Filings for BBX > Form 8-K on 9-Oct-2009 | All Recent SEC Filings |
9-Oct-2009
Other Events
On October 9, 2009, BankAtlantic Bancorp, Inc. (the "Company") published a
Notice of Pendency and Settlement of Derivative Action (the "Notice") relating
to the agreement that has been reached to settle the shareholder derivative
action captioned D.W. Hugo, Derivatively on behalf of Nominal Defendant
BankAtlantic Bancorp, Inc., v. Alan B. Levan, Jarett S. Levan, Jay C. McClung,
Marcia K. Snyder, Valerie Toalson, James A. White, John E. Abdo, D. Keith Cobb,
Steven M. Coldren and David A. Lieberman, Case No. 08-61018-CV-UNGARO (S.D.
Fla.) (the "Action"). The settlement agreement remains subject to court
approval.
Under the terms of the proposed settlement: (i) the plaintiff will release
and forever discharge its claims (subject to certain limited exceptions) against
the Company and, among others, the Company's past, present and future officers,
directors and employees, including the defendants, and all such released claims
will be dismissed with prejudice; and (ii) the defendants will fully, finally,
and forever release and relinquish all claims that have been, or could have
been, asserted against the plaintiff relating to the institution, prosecution or
settlement of the Action. The Company is not required to make any payments and,
as a result, the settlement, if finalized in accordance with its terms, will not
have any impact on the Company's financial condition or results of operations.
The complete terms of the proposed settlement are set forth in a Stipulation of
Settlement dated as of August 24, 2009 (the "Stipulation").
The foregoing description of the Notice and the proposed settlement of the
Action is qualified in its entirety by reference to the full text of the Notice
and the Stipulation. Copies of the Notice and the Stipulation are attached
hereto as Exhibits 99.1 and 99.2, respectively, and are incorporated herein by
reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit 99.1 Notice of Pendency and Settlement of Derivative Action Exhibit 99.2 Stipulation of Settlement dated as of August 24, 2009
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