8-K

                                  UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                              WASHINGTON, DC 20549

                                    FORM 8-K

                             CURRENT REPORT PURSUANT
                          TO SECTION 13 OR 15(D) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

       Date of report (Date of earliest event reported) September 29, 2006

                            Bank of the Ozarks, Inc.
             (Exact name of registrant as specified in its charter)

                                    Arkansas
                 (State or other jurisdiction of incorporation)

              0-22759                                  71-0556208
     (Commission File Number)              (IRS Employer Identification No.)

  12615 Chenal Parkway, Little Rock, Arkansas               72211
   (Address of principal executive offices)               (Zip Code)

                                 (501) 978-2265
              (Registrant's telephone number, including area code)

                                 Not Applicable
          (Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):

( )  Written communications pursuant to Rule 425 under the Securities Act (17
     CFR 230.425)

( )  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
     240.14a-12)

( )  Pre-commencement communications pursuant to Rule 14d-2(b) under the
     Exchange Act (17 CFR 240.14d-2(b))

( )  Pre-commencement communications pursuant to Rule 13e-4(c) under the
     Exchange Act (17 CFR 240.13e-4(c))

================================================================================

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Item 1.01 Entry Into a Material Agreement

     The information provided in Item 2.03 is hereby incorporated by reference
herein.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant.

(a)(1) On September 29, 2006 the Company's wholly-owned subsidiary, Ozark
       Capital Statutory Trust V, a Delaware business trust (the "Trust"),
       issued $20,000,000 of trust preferred securities (the "Capital
       Securities") in a private placement pursuant to an applicable exemption
       from registration. The Company has irrevocably and unconditionally
       guaranteed the Capital Securities and, to the extent not paid by the
       Trust, accrued and unpaid distributions on the Capital Securities and the
       redemption price payable to the Capital Securities holders, in each case
       to the extent the Trust has funds available. The proceeds of the Capital
       Securities, along with proceeds of $619,000 from the issuance of common
       securities (the "Common Securities") by the Trust to the Company, were
       used to purchase $20,619,000 of the Company's junior subordinated debt
       securities (the "Debentures"), the proceeds of which will be used in turn
       to augment "Tier 1 Capital" of the Company and for general corporate
       purposes.

(2)    The Capital Securities and the Debentures are redeemable on December 15,
       2036, unless sooner redeemed in accordance with the respective provisions
       of the Amended and Restated Declaration of Trust (the "Declaration")
       entered into among the Company, LaSalle Bank National Association, as
       institutional trustee and Christiana Bank & Trust Company, as Delaware
       trustee, and an indenture of trust (the "Indenture") entered into between
       the Company and LaSalle Bank National Association, as trustee (the
       "Trustee"). Distributions on the Capital Securities are cumulative, will
       accrue from the date of original issuance and will be payable quarterly
       in arrears. The coupon rate on the Capital Securities for a given
       distribution period will be equal to 90-day LIBOR plus 1.60% (but not to
       exceed the maximum rate of interest allowed under New York law as
       modified by any federal law or general applicability). Distributions may
       be deferred by the Company for up to 20 consecutive quarterly periods.

       Early Redemption. The Capital Securities and Debentures are redeemable,
       subject to prior approval by the Federal Reserve, at any time commencing
       on December 15, 2011, at par, and may be redeemed earlier, subject to
       prior approval by the Federal Reserve, following the occurrence of a
       Special Event. "Special Event" is defined in the transaction documents as
       either (i) the receipt by the Company of an opinion of counsel to the
       effect that there is more than an insubstantial risk that (a) the Trust
       is or within 90 days of the date of such opinion will be subject to
       federal income tax with respect to the income received or accrued on the
       Debentures, (b) interest payable by the Company on the Debentures is not
       or within 90 days of the date of such opinion will not be deductible, in
       whole or in part, for federal income tax purposes, or (c) the Trust is or
       within 90 days of the date of such opinion will be subject to more than
       de minimis amount of other taxes, duties or other governmental charges
       ((a), (b) and (c) are collectively referred to as a "Tax Event"); (ii)
       the receipt by the Company of an opinion of counsel to the effect that,
       as a result of the occurrence of a change in law or regulation, there is
       more than an insubstantial risk that the Trust is or will be considered
       as an "investment company" that is required to be registered under the
       Investment Company Act of 1940 (an "Investment Company Event"); or (iii)
       the receipt by the Company of an opinion of counsel to the effect that
       there is more than an insubstantial risk that the Company, within 90 days
       of the date of such opinion, will not be entitled to treat an amount
       equal to the aggregate liquidation amount of the Capital Securities as
       "Tier 1 Capital" for purposes of the capital adequacy guidelines of the
       applicable federal financial institutions regulatory agency (a "Capital
       Treatment Event"); provided that the inability of the Company to treat
       all or any portion of the aggregate Liquidation Amount of the Capital
       Securities as Tier 1 Capital shall not constitute a Capital Treatment
       Event if such inability results from the Company having cumulative
       preferred stock, minority interests in consolidated subsidiaries or any
       other class of security or interest which the Federal Reserve or Office
       of Thrift Supervision may accord Tier 1 Capital treatment in excess of
       the amount which qualifies for treatment as Tier 1 Capital under

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       applicable capital adequacy guidelines; provided further that the
       distribution of the Debentures in connection with the dissolution of the
       Trust will not in and of itself constitute a Capital Treatment Event
       unless such dissolution shall have occurred in connection with another
       Special Event.

       Indenture Events of Default. The Trustee and the holders of at least 25%
       of the aggregate principal amount of the Debentures outstanding have a
       right to accelerate payment of principal outstanding under the Debentures
       if an event of default occurs under the Indenture, which includes any one
       of the following events:


       (a)    failure of the Company for 30 days to make payments of interest on
              any Debenture when due (except during a valid extension period);

       (b)    the Company defaults in the payment of any interest upon any
              Debenture, including any Additional Amounts (as defined below) due
              in respect thereof, following the nonpayment of any such interest
              for twenty or more consecutive interest periods; or

       (c)    failure of the Company to pay principal of (or premium, if any,
              on) any Debenture when due at maturity, redemption, declaration of
              acceleration or otherwise;

       (d)    failure of the Company to observe certain covenants under the
              Indenture for a period of 30 days after receipt of notice of such
              failure;

       (e)    a court of competent jurisdiction shall enter a decree or order
              for relief in respect of the Company in an involuntary case under
              any applicable bankruptcy, insolvency, reorganization or other
              similar law now or hereafter in effect, or appointing a receiver,
              liquidator, assignee, custodian, trustee, sequestrator (or similar
              official) of the Company or for any substantial part of its
              property, or ordering the winding-up or liquidation of its affairs
              and such decree or order shall remain unstayed and in effect for a
              period of 90 consecutive days;

       (f)    the Company shall commence a voluntary case under any applicable
              bankruptcy, insolvency, reorganization or other similar law now or
              hereafter in effect, shall consent to the entry of an order for
              relief in an involuntary case under any such law, or shall consent
              to the appointment of or taking possession by a receiver,
              liquidator, assignee, trustee, custodian, sequestrator (or other
              similar official) of the Company or of any substantial part of its
              property, or shall make any general assignment for the benefit of
              creditors, or shall fail generally to pay its debts as they become
              due; or

       (g)    the Trust shall have voluntarily or involuntarily liquidated,
              dissolved, wound-up its business or otherwise terminated its
              existence except in connection with (i) the distribution of the
              Debentures to holders of such Common Securities and Capital
              Securities in liquidation of their interests in the Trust, (ii)
              the redemption of all of the outstanding Common Securities and
              Capital Securities or (iii) certain mergers, consolidations or
              amalgamations, each as permitted by the Declaration among the
              Trustee, the Company and the administrators of the Trust.

       Under the Declaration, any proceeds received upon payment or redemption
       of the Debentures will be used to redeem a pro rata amount of Capital
       Securities and Common Securities.

(3)    The Trust will terminate on December 15, 2041, unless earlier dissolved.
       If at any time the Trust is required to pay taxes, duties, assessments or
       other governmental charges of any kind ("Additional Amounts") as a result
       of a Tax Event, then the Company is required to pay to the Trust
       additional sums so that the net amount received by the Trust after paying
       such amounts would equal the amount the Trust would have received had no
       such Additional Amounts been imposed.


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Item 8.01 Other Events.

On September 29, 2006, the Trust issued $20,000,000 of Capital Securities in a
private placement pursuant to an applicable exemption from registration.
Attached to this Current Report on Form 8-K as Exhibit 99 is a copy of the
Company's related press release dated October 2, 2006.

Item 9.01 Financial Statements and Exhibits.

Exhibit 99--Press Release of the Company dated October 2, 2006.


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                                   SIGNATURES

       Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.



                                                      BANK OF THE OZARKS, INC.
                                                   -----------------------------
                                                           (Registrant)



Date:  October 3, 2009                             /s/ Paul Moore
                                                   -----------------------------
                                                   Paul Moore
                                                   Chief Financial Officer
                                                    and Chief Accounting Officer


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EX-99

                                                            Exhibit 99

         Bank of the Ozarks, Inc. Trust Preferred Securities


    LITTLE ROCK, Ark.--(BUSINESS WIRE)--Oct. 2, 2006--Bank of the
Ozarks, Inc. (NASDAQ: OZRK) (the "Company"), today announced that its
wholly owned subsidiary, Ozark Capital Statutory Trust V (the
"Trust"), on September 29, 2006 issued 20,000 trust preferred
securities, liquidation amount of $1,000 per trust preferred security,
for a cumulative purchase price of $20,000,000. The trust preferred
securities will bear a floating interest rate equal to 90-day LIBOR
plus 1.60%. The trust preferred securities are redeemable, at the
Company's option, in whole or in part, at par, beginning five years
after their issuance, and if not sooner redeemed, mature on December
15, 2036.

    The trust preferred securities were placed in a private
transaction pursuant to an applicable exemption from registration
under the Securities Act of 1933, as amended. The Company has
guaranteed payments to the trust preferred securities holders on
accrued and unpaid distributions of interest and principal on the
securities and the redemption price, if applicable, in each case to
the extent the Trust has funds available.

    The proceeds of the offering will be used by the Trust to acquire
debt securities of the Company which, in turn, intends to use the
proceeds to augment Tier 1 capital of the Company and for general
corporate purposes.

    The information contained in this release is not intended as an
offer to sell nor a solicitation or offer to buy any securities of
Bank of the Ozarks, Inc., and is provided only for general
information.

    This release may contain forward looking statements regarding the
Company's plans, expectations and outlook for the future including,
among others, statements regarding the possible use of proceeds by the
Company from the sale of the trust preferred securities described in
this release, the possible future redemption of some or all of the
trust preferred securities and the timing of any such redemption.
Actual results may differ materially from those projected in such
forward looking statements, due, among other things, to continued
interest rate changes and competitive factors, as well as other
factors identified in Management's Discussion and Analysis under the
caption "Forward Looking Information" and the description of certain
risk factors which are contained in the Company's 2005 Annual Report
to Stockholders and the most recent Annual Report on Form 10-K filed
with the Securities and Exchange Commission.

    Bank of the Ozarks, Inc. owns a state-chartered subsidiary bank
that conducts banking operations through 59 offices in 33 communities
throughout northern, western and central Arkansas, four banking
offices in Texas and loan production offices in Little Rock, Arkansas
and Charlotte, North Carolina. The Company may be contacted at (501)
978-2265 or P.O. Box 8811, Little Rock, Arkansas 72231-8811. The
Company's website is: www.bankozarks.com.


    CONTACT: Bank of the Ozarks, Inc.
             Susan Blair, 501-978-2217