BANK OF THE OZARKS, INC. Underwriting AgreementC1 Merger Agreement • June 16th, 2016 • Bank of the Ozarks Inc • State commercial banks • New York
Bank of the Ozarks, Inc., an Arkansas corporation (the “Company”) confirms its agreement with Sandler O’Neill + Partners, L.P. (the “Underwriter”), with respect to the issue and sale by the Company, and the purchase by the Underwriter of $225,000,000 in aggregate principal amount of the Company’s 5.50% Fixed-to-Floating Rate Subordinated Notes due 2026 (the “Securities”). The Securities are to be issued pursuant to a subordinated indenture to be dated as of June 23, 2016 between the Company and U.S. Bank National Association, as trustee (the “Trustee”), as supplemented by a first supplemental subordinated indenture, to be dated of June 23, 2016, between the Company and the Trustee (the indenture as so supplemented, the “Indenture”).
