VOTING AGREEMENTVoting 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).
DOVER DIXON HORNE PLLCBank of the Ozarks Inc • March 21st, 2014 • State commercial banks
We have acted as counsel to Summit Bancorp, Inc., an Arkansas corporation (“Company”), and Summit Bank, and Arkansas state bank (“Company Bank”), in connection with the merger (the “Merger”) of Company with and into Bank of the Ozarks, Inc., an Arkansas corporation (“Buyer”), followed by the merger of Company Bank with and into Bank of the Ozarks (the “Bank Merger”), pursuant to the terms of that certain Agreement and Plan of Merger dated as of January 30, 2014 by and among Bank of the Ozarks, Inc., Bank of the Ozarks, Summit Bancorp, Inc. and Summit Bank (the “Plan”). This opinion is being rendered as required by Section 6.01(e) of the Plan and Item 601(b)(8) of Regulation S-K under the Securities Act of 1933. Capitalized terms used and not otherwise defined in this opinion letter have the respective meanings set forth in the Plan.
