As filed with the Securities and Exchange Commission on February 6, 2013.

Registration No. 333- 184811

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

Post-Effective Amendment No. 1

to

FORM S-4

REGISTRATION STATEMENT

UNDER

THE SECURITIES ACT OF 1933

 

 

BANK OF THE OZARKS, INC.

(Exact name of registrant as specified in its charter)

 

 

 

Arkansas		6022		71-0556208
(State or other jurisdiction of incorporation or organization)		(Primary Standard Industrial Classifications Code Number)		(I.R.S. Employer Identification Number)

17901 Chenal Parkway

Little Rock, Arkansas 72223

(501) 978-2265

(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)

 

 

Greg L. McKinney

Chief Financial Officer and Chief Accounting Officer

Bank of the Ozarks, Inc.

17901 Chenal Parkway

Little Rock, Arkansas 72223

Tel. (501) 978-2265

(Name, address, including zip code, and telephone number, including area code, of agent for service)

 

 

With copies of all communications to:

H. Watt Gregory, III Kutak Rock LLP 124 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 Tel. (501) 975-3000		Paul S. Ware J. Andrew Robison Bradley Arant Boult Cummings LLP 1819 Fifth Avenue North Birmingham, AL 35203 Tel. (205) 521-8000

 

 

Approximate date of commencement of proposed sale of the securities to the public: Not Applicable.

If the securities being registered on this Form are being offered in connection with the formation of a holding company and there is compliance with General Instruction G, check the following box.  ¨

If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, check the following box and list the Securities Act registration number of the earlier effective registration statement for the same offering.  ¨

If this Form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.  ¨

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.

 

Large accelerated filer		x		Accelerated filer		¨
Non-accelerated filer		¨  (Do not check if a smaller reporting company)		Smaller reporting company		¨

If applicable, place an X in the box to designate the appropriate rule provision relied upon in conducting this transaction:

Exchange Act Rule 13e-4(i) (Cross-Border Issuer Tender Offer)  ¨

Exchange Act Rule 14d-1(d) (Cross-Border Third-Party Tender Offer)  ¨

 

 

 

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DEREGISTRATION OF UNSOLD SECURITIES

Bank of the Ozarks, Inc., an Arkansas corporation (the “Registrant”), filed Registration Statement No. 333-184811 on Form S-4 (the “Registration Statement”) with the Securities and Exchange Commission on November 7, 2012, as amended by Amendment No. 1, filed on November 13, 2012, which registered 516,370 shares of the Registrant’s common stock in connection with the Registrant’s acquisition of Genala Banc, Inc. The Registrant issued a total of 423,616 shares of the Registrant’s common stock pursuant to the Registration Statement in connection with the merger.

Following the merger, the Registrant terminated the offering of shares of its common stock registered on the Registration Statement. Pursuant to the undertaking made by the Registrant in the Registration Statement to remove from registration by means of a post-effective amendment any of the securities being registered which remain unsold at the termination of the offering, the Registrant is filing this Post-Effective Amendment No. 1 to the Registration Statement to deregister all of the securities which remain unsold under the Registration Statement.

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SIGNATURES

Pursuant to the requirements of the Securities Act, the registrant has duly caused this Post-Effective Amendment No. 1 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Little Rock, State of Arkansas, on February 6, 2013.

 

Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 1 to the Registration Statement has been signed by the following persons in the capacities and on the dates indicated.

 

SIGNATURE		TITLE		DATE
/s/ George G. Gleason* George G. Gleason (Principal Executive Officer)		Chairman of the Board and Chief Executive Officer		February 6, 2013
/s/ Greg L. McKinney Greg L. McKinney (Principal Financial Officer and Accounting Officer)		Chief Financial Officer and Chief Accounting Officer		February 6, 2013
/s/ Mark Ross* Mark Ross		Vice Chairman and Chief Operating Officer		February 6, 2013
/s/ Jean Arehart* Jean Arehart		Director		February 6, 2013
/s/ Nicholas Brown* Nicholas Brown		Director		February 6, 2013
/s/ Richard Cisne* Richard Cisne		Director		February 6, 2013
/s/ Robert East* Robert East		Director		February 6, 2013
/s/ Linda Gleason* Linda Gleason		Director		February 6, 2013
/s/ Henry Mariani* Henry Mariani		Director		February 6, 2013
/s/ Robert Proost* Robert Proost		Director		February 6, 2013

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/s/ R.L. Qualls* R.L. Qualls		Director		February 6, 2013
/s/ John Reynolds* John Reynolds		Director		February 6, 2013
/s/ Kennith Smith* Kennith Smith		Director		February 6, 2013
/s/ Sherece West* Sherece West		Director		February 6, 2013

*By:		/s/ Greg L. McKinney
Greg L. McKinney, Attorney-in-Fact

*Pursuant to powers of attorney previously filed with this Registration Statement				February 6, 2013