0001193125-06-227902 Sample Contracts

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”).

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