0001193125-04-189316 Sample Contracts

GUARANTEE AGREEMENT BANK OF THE OZARKS, INC. Dated as of September 28, 2004
Guarantee Agreement • November 8th, 2004 • Bank of the Ozarks Inc • State commercial banks • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of September 28, 2004, is executed and delivered by Bank of the Ozarks, Inc., a bank holding company incorporated in Arkansas (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, 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 IV, a Delaware statutory trust (the “Issuer”).

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