Bank of the Ozarks Inc Sample Contracts

EXHIBIT 4.1 OZARK CAPITAL TRUST AMENDED AND RESTATED TRUST AGREEMENT
Trust Agreement • August 11th, 1999 • Bank of the Ozarks Inc • State commercial banks • Delaware
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ARTICLE I
Guarantee Agreement • November 7th, 2003 • Bank of the Ozarks Inc • State commercial banks • New York
BANK OF THE OZARKS, INC. 6,600,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • May 31st, 2017 • Bank of the Ozarks Inc • State commercial banks • New York

Bank of the Ozarks, Inc., an Arkansas corporation (the “Company”), proposes to issue and sell to you (the “Underwriter”), an aggregate of 6,600,000 shares of common stock, par value $0.01 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriter, up to an additional 990,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.

DECLARATIONS:
Sublease Agreement • August 13th, 2002 • Bank of the Ozarks Inc • State commercial banks
WITNESSETH THAT:
Modification Agreement • August 11th, 2000 • Bank of the Ozarks Inc • State commercial banks • Tennessee
EXHIBIT 4.6 PREFERRED SECURITIES GUARANTEE AGREEMENT BANK OF THE OZARKS, INC.
Preferred Securities Guarantee Agreement • August 11th, 1999 • Bank of the Ozarks Inc • State commercial banks • Maryland
LEASE
Lease • March 17th, 1999 • Bank of the Ozarks Inc • State commercial banks
Exhibit 1.1 BANK OF THE OZARKS, INC. 1,331,700 Shares* Common Stock ($.01 Par Value) UNDERWRITING AGREEMENT ----------------------
Underwriting Agreement • June 26th, 1997 • Bank of the Ozarks Inc • State commercial banks • Arkansas
EXHIBIT 10.1 LEASE AGREEMENT
Lease Agreement • May 10th, 2002 • Bank of the Ozarks Inc • State commercial banks
INDEX TO STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • March 23rd, 1998 • Bank of the Ozarks Inc • State commercial banks • Arkansas
UNDERWRITING AGREEMENT ----------------------
Underwriting Agreement • May 22nd, 1997 • Bank of the Ozarks Inc • Arkansas
GUARANTEE AGREEMENT BANK OF THE OZARKS, INC. Dated as of September 29, 2006
Guarantee Agreement • November 8th, 2006 • Bank of the Ozarks Inc • State commercial banks • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of September 29, 2006, is executed and delivered by Bank of the Ozarks, Inc., incorporated in Arkansas (the “Guarantor”), and LaSalle Bank National Association, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of Ozark Capital Statutory Trust V, a Delaware statutory trust (the “Issuer”).

EXHIBIT 4.4 SUBORDINATED INDENTURE
Subordinated Indenture • August 11th, 1999 • Bank of the Ozarks Inc • State commercial banks • Maryland
RECITALS
Indemnification Agreement • May 22nd, 1997 • Bank of the Ozarks Inc • Arkansas
AGREEMENT AND PLAN OF MERGER DATED AS OF OCTOBER 19, 2015 BY AND AMONG BANK OF THE OZARKS, INC., BANK OF THE OZARKS, COMMUNITY & SOUTHERN HOLDINGS, INC. AND COMMUNITY & SOUTHERN BANK
Merger Agreement • October 19th, 2015 • Bank of the Ozarks Inc • State commercial banks • Arkansas

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of October 19, 2015, by and among Bank of the Ozarks, Inc., an Arkansas corporation (“Buyer”), Bank of the Ozarks, an Arkansas state banking corporation and a wholly-owned subsidiary of Buyer (“Buyer Bank”), Community & Southern Holdings, Inc., a Delaware corporation (“Company”), and Community & Southern Bank, a Georgia state bank and wholly-owned subsidiary of Company (“Company Bank”).

PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF WOODLANDS BANK, BLUFFTON, SOUTH CAROLINA FEDERAL DEPOSIT INSURANCE CORPORATION and BANK OF THE OZARKS DATED AS OF JULY 16, 2010
Purchase and Assumption Agreement • July 22nd, 2010 • Bank of the Ozarks Inc • State commercial banks

THIS AGREEMENT, made and entered into as of the 16th day of July, 2010, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of WOODLANDS BANK, BLUFFTON, SOUTH CAROLINA (the “Receiver”), BANK OF THE OZARKS, organized under the laws of Arkansas, and having its principal place of business in LITTLE ROCK, ARKANSAS (the “Assuming Institution”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).

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VOTING AGREEMENT
Voting Agreement • March 21st, 2014 • Bank of the Ozarks Inc • State commercial banks • Arkansas

THIS VOTING AGREEMENT (this “Agreement”) is dated as of January 30, 2014, by and between the undersigned holder (“Shareholder”) of Common Stock, $0.01 par value per share, of Summit Bancorp, Inc., an Arkansas corporation with its principal office in Arkadelphia, Arkansas (“Company”), and Bank of the Ozarks, Inc., an Arkansas corporation (“Buyer”) with its principal office in Little Rock, Arkansas. All capitalized terms used but not defined herein shall have the meanings assigned to them in the Merger Agreement (defined below).

EMPLOYMENT AGREEMENT
Employment Agreement • January 3rd, 2006 • Bank of the Ozarks Inc • State commercial banks

THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into on this 3rd day of January, 2006 to be effective as of the 1st day of January, 2006, by and between Bank of the Ozarks, Inc., an Arkansas corporation, (the “Corporation”), Bank of the Ozarks, a state chartered bank, (the “Bank”), and George G. Gleason, II, an individual and resident of Arkansas (“Gleason”).

1997 EDITION
Standard Form of Agreement Between Owner and Contractor • March 23rd, 2000 • Bank of the Ozarks Inc • State commercial banks
ARTICLE I PREMISES
Lease Agreement • March 23rd, 2000 • Bank of the Ozarks Inc • State commercial banks • Arkansas
UNITED STATES DEPARTMENT OF THE TREASURY 1500 Pennsylvania Avenue, NW Washington, D.C. 20220 November 4, 2009
Securities Purchase Agreement • November 4th, 2009 • Bank of the Ozarks Inc • State commercial banks

Reference is made to that certain Letter Agreement incorporating the Securities Purchase Agreement – Standard Terms (the “Securities Purchase Agreement”), dated as of the date set forth on Schedule A hereto, between the United States Department of the Treasury (the “Investor”) and the company set forth on Schedule A hereto (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Securities Purchase Agreement. Pursuant to the Securities Purchase Agreement, at the Closing, the Company issued to the Investor the number of shares of the series of its preferred stock set forth on Schedule A hereto (the “Preferred Shares”) and a warrant to purchase the number of shares of its common stock set forth on Schedule A hereto (the “Warrant”).

AGREEMENT AND PLAN OF MERGER DATED AS OF JANUARY 24, 2013 BY AND AMONG BANK OF THE OZARKS, INC., BANK OF THE OZARKS, AND THE FIRST NATIONAL BANK OF SHELBY
Merger Agreement • January 25th, 2013 • Bank of the Ozarks Inc • State commercial banks • Arkansas

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of January 24, 2013, by and among Bank of the Ozarks, Inc., an Arkansas corporation with its principal office in Little Rock, Arkansas (“Buyer”), Bank of the Ozarks, an Arkansas state banking corporation with its principal office in Little Rock, Arkansas and a wholly-owned subsidiary of Buyer (“Buyer Bank”), and The First National Bank of Shelby, a national banking association with its principal office in Shelby, North Carolina (“FNB”).

EXECUTIVE LIFE INSURANCE AGREEMENT FOR GEORGE G. GLEASON, II BANK OF THE OZARKS Little Rock, Arkansas Effective May 4, 2010
Executive Life Insurance Agreement • May 7th, 2010 • Bank of the Ozarks Inc • State commercial banks • Arkansas

This Executive Life Insurance Agreement (the “Agreement) is effective as of the 4th day of May, 2010 by and between BANK OF THE OZARKS (the “Bank”), an Arkansas state chartered commercial bank, and George G. Gleason, II, (the “Executive”). BANK OF THE OZARKS, INC. (the “Company”), an Arkansas corporation, is a signatory to this Agreement for the purpose of acknowledging and consenting to the Agreement, the Bank’s performance hereunder, and the Company’s obligation to reimburse the Bank for the bonus payments made pursuant hereto.

PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF OGLETHORPE BANK, BRUNSWICK, GEORGIA FEDERAL DEPOSIT INSURANCE CORPORATION and BANK OF THE OZARKS LITTLE ROCK, ARKANSAS DATED AS OF...
Purchase and Assumption Agreement • January 20th, 2011 • Bank of the Ozarks Inc • State commercial banks

THIS AGREEMENT, made and entered into as of the 14th day of January, 2011, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of OGLETHORPE BANK, BRUNSWICK, GEORGIA (the “Receiver”), BANK OF THE OZARKS, organized under the laws of the State of Arkansas and having its principal place of business in Little Rock, Arkansas (the “Assuming Institution”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).

AGREEMENT AND PLAN OF MERGER DATED AS OF NOVEMBER 9, 2015 BY AND AMONG BANK OF THE OZARKS, INC., BANK OF THE OZARKS, C1 FINANCIAL, INC. AND C1 BANK
Merger Agreement • November 10th, 2015 • Bank of the Ozarks Inc • State commercial banks • Florida

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of November 9, 2015, by and among Bank of the Ozarks, Inc., an Arkansas corporation (“Buyer”), Bank of the Ozarks, an Arkansas state banking corporation and a wholly-owned subsidiary of Buyer (“Buyer Bank”), C1 Financial, Inc., a Florida corporation (“Company”), and C1 Bank, a Florida state bank and wholly-owned subsidiary of Company (“Company Bank”).

EMPLOYMENT AGREEMENT
Employment Agreement • January 3rd, 2007 • Bank of the Ozarks Inc • State commercial banks

THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into on this 2nd day of January, 2007 to be effective as of the 1st day of January, 2007, by and between Bank of the Ozarks, Inc., an Arkansas corporation, (the “Corporation”), Bank of the Ozarks, a state chartered bank, (the “Bank”), and George G. Gleason, II, an individual and resident of Arkansas (“Gleason”).

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