-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, cM+wrR4c40rIIr0S4vn30RTVKGUKr9pKUu+Q2fRKiTllmgov2ZSKA4aUxDSgCo29 SdiMX/wvlX6Qq+aXZBOmdw== 0000022356-95-000014.txt : 19950803 0000022356-95-000014.hdr.sgml : 19950803 ACCESSION NUMBER: 0000022356-95-000014 CONFORMED SUBMISSION TYPE: S-8 PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19950802 EFFECTIVENESS DATE: 19950821 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: COMMERCE BANCSHARES INC /MO/ CENTRAL INDEX KEY: 0000022356 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 430889454 STATE OF INCORPORATION: MO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: S-8 SEC ACT: 1933 Act SEC FILE NUMBER: 033-61499 FILM NUMBER: 95558342 BUSINESS ADDRESS: STREET 1: 1000 WALNUT 86 CITY: KANSAS CITY STATE: MO ZIP: 64106 BUSINESS PHONE: 8162342000 MAIL ADDRESS: STREET 1: P O BOX 13686 CITY: KANSAS CITY STATE: MO ZIP: 64199 S-8 1 1996 INCENTIVE STK OPT As filed with the Securities and Exchange Commission on August 2, 1995 Registration No. 33- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form S-8 REGISTRATION STATEMENT Under THE SECURITIES ACT OF 1933 COMMERCE BANCSHARES, INC. (Exact name of Registrant as specified in its charter) Missouri 43-0889454 (State or other jurisdiction (I.R.S. Employer of incorporation or organization) Identification No.) 1000 Walnut Kansas City, Missouri 64106 (Address, including zip code, of Registrant's principal executive offices) COMMERCE BANCSHARES, INC. 1996 INCENTIVE STOCK OPTION PLAN (Full title of the Plan) Copy to: T. Alan Peschka Jeffrey T. Haughey, Esq. Vice President and Secretary Blackwell Sanders Matheny Commerce Bancshares, Inc. Weary & Lombardi L.C. 1000 Walnut 2300 Main Street, Suite 1100 Kansas City, Missouri 64106 Kansas City, Missouri 64108 816-234-2000 816-274-6800 (Name, address, telephone number, of agent for service) CALCULATION OF REGISTRATION FEE Proposed Proposed Title of maximum maximum securities Amount offering aggregate Amount of to be to be price per offering registration registered registered share price fee Common Stock 2,000,000 $34.00(1) $68,000,000(1) $23,449(1) $5 Par Value shares (1) Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(h), based on the average of the high and low prices of the Registrant's Common Stock as listed on the Nasdaq Stock Market on July 27, 1995. EXPLANATORY NOTE As permitted by the rules of the Securities and Exchange Commission (the "Commission"), this Registration Statement omits the information specified in Part I of Form S-8. Part II INFORMATION REQUIRED IN THE REGISTRATION STATEMENT Item 3: Incorporation of Documents by Reference The following documents filed with the Commission by Commerce Bancshares, Inc. (the "Company") (File No. 0-2989) are incorporated in this Registration Statement on Form S-8 (the "Registration Statement") by reference: 1. The Company's Annual Report on Form 10-K for the fiscal year ended December 31, 1994; 2. The Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 1995; and 3. The description of the Company's Common Stock set forth on Form 8-A Registration Statement as filed with the Commission on February 26, 1968, as supplemented by Form 8-A Registration Statement, as filed with the Commission on August 31, 1988. All documents subsequently filed by the Company pursuant to Sections 13(a), 13(c), 14 and 15(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), prior to the filing of a post-effective amendment which indicates that all securities offered hereunder have been sold or which deregisters all of the securities offered then remaining unsold, shall be deemed to be incorporated herein by reference and to be a part hereof from the date of filing of such documents. Item 4: Description of Securities Not applicable. Item 5: Interests of Named Experts and Counsel Not Applicable. Item 6: Indemnification of Directors and Officers Section 351.355 of the General and Business Corporation Law of Missouri, as amended, allows indemnification of corporate directors and officers by a corporation under certain circumstances as therein specified against liabilities, expenses, attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with, or arising out of, any action, suit, proceeding or claim in which he is made a party by reason of his being, or having been, such director or officer. Section 351.355 also permits such persons to seek indemnification under any applicable bylaw, agreement, vote of stockholders or disinterested directors or otherwise. Section 351.355 also permits corporations to maintain insurance for officers and directors against liabilities incurred while acting in such capacities, whether or not the corporation would be empowered to indemnify such persons under this section. There is also in effect a bylaw provision entitling officers and directors to be indemnified by the Company from and against any and all of the expenses, liabilities or other matters covered by said provision. The Company has executed a security agreement pursuant to which securities with a market value of approximately $10 million have been pledged to an agent to collateralize the obligations of the Company under this bylaw provision. Item 7: Exemption from Registration Claimed Not applicable. Item 8: Exhibits (4) Articles of Incorporation and Bylaws. (a) Restated Articles of Incorporation as filed with the Secretary of State of Missouri on October 8, 1986, were filed in annual report on Form 10-K dated March 30, 1987, and the same are hereby incorporated by reference. (b) First Amendment to Restated Articles of Incorporation was filed in quarterly report on Form 10-Q for the period ended June 30, 1987 and dated July 30, 1987, and the same is hereby incorporated by reference. (c) Second Amendment to Restated Articles of Incorporation was filed in annual report on Form 10-K dated March 22, 1990, and the same is hereby incorporated by reference. (d) Third Amendment to Restated Articles of Incorporation to increase authorized shares to 60,000,000 shares with a par value of $5.00 was reported in Form 10-Q dated August 6, 1993, and the same is hereby incorporated by reference. (e) By-Laws as currently amended were filed in annual report on Form 10-K dated March 6, 1992, and the same are hereby incorporated by reference. (5) Opinion of Blackwell Sanders Matheny Weary & Lombardi L.C. (23) Consents of Experts and Counsel (a) Consent of Blackwell Sanders Matheny Weary & Lombardi L.C. (included in Exhibit 5). (b) Consent of KPMG Peat Marwick LLP. (24) Powers of Attorney. Item 9: Undertakings Rule 415 Offering The Company hereby undertakes: (1) To file, during any period in which offers or sales are being made, a post-effective amendment to this Registration Statement: (i) To include any prospectus required by section 10(a)(3) of the Securities Act of 1933 (the "Securities Act"); (ii) To reflect in the prospectus any facts or events arising after the effective date of the Registration Statement (or the most recent post-effective amendment thereof) which, individually or in the aggregate, represent a fundamental change in the information set forth in the Registration Statement; (iii) To include any material information with respect to the plan of distribution not previously disclosed in the Registration Statement or any material change to such information in the Registration Statement; provided, however, that paragraphs (i) and (ii) do not apply if the information required to be included in a post-effective amendment by those paragraphs is contained in periodic reports filed by the Company pursuant to Section 13 or Section 15(d) of the Exchange Act that are incorporated by reference in this Registration Statement. (2) That, for the purpose of determining any liability under the Securities Act, each such post-effective amendment shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof. (3) 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. Incorporation of Subsequent Exchange Act Documents by Reference. The Company hereby undertakes that, for purposes of determining any liability under the Securities Act, each filing of the Company's annual report pursuant to Section 13(a) or Section 15(d) of the Exchange Act that is incorporated by reference in the Registration Statement shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof. Form S-8 Registration Statement. Insofar as indemnification for liabilities arising under the Securities Act may be permitted to directors, officers and controlling persons of the Company pursuant to the foregoing provisions, or otherwise, the Company has been advised that in the opinion of the Commission such indemnification is against public policy as expressed in the Securities Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the Company of expenses incurred or paid by a director, officer or controlling person of the Company in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the Company will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Securities Act and will be governed by the final adjudication of such issue. SIGNATURES Pursuant to the requirements of the Securities Act of 1933, the Company certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8 and has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Kansas City, State of Missouri, on August 2, 1995. COMMERCE BANCSHARES, INC. By:/s/ T. ALAN PESCHKA T. Alan Peschka Vice President and Secretary Pursuant to the requirements of the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities indicated on August 2, 1995. Signature Title /s/ CHARLES E. TEMPLER Treasurer and Controller (Chief Charles E. Templer Accounting Officer) * Chairman of the Board, President David W. Kemper and Chief Executive Officer (Chief Executive and Financial Officer) and Director Giorgio Balzer ) Fred L. Brown ) W. Thomas Grant, II ) James B. Hebenstreit ) James M. Kemper, Jr. ) A majority of the Terry O. Meek ) Board of Directors* Joseph E. O'Brien ) Benjamin F. Rassieur, Jr.) Dolph C. Simons, Jr. ) Andrew C. Taylor ) Robert H. West ) By: /s/T. Alan Peschka as attorney-in-fact for the (T. Alan Peschka above officers and directors Attorney-in-Fact) marked by an asterisk. EXHIBIT INDEX EXHIBIT NUMBER Description of Exhibit (4)(a) Restated Articles of Incorporation as filed with the Secretary of State of Missouri on October 8, 1986, were filed in annual report on Form 10-K dated March 30, 1987, and the same are hereby incorporated by reference. (4)(b) First Amendment to Restated Articles of Incorporation was filed in quarterly report on Form 10-Q for the period ended June 30, 1987 and dated July 30, 1987, and the same is hereby incorporated by reference. (4)(c) Second Amendment to Restated Articles of Incorporation was filed in annual report on Form 10-K dated March 22, 1990, and the same is hereby incorporated by reference. (4)(d) Third Amendment to Restated Articles of Incorporation to increase authorized shares to 60,000,000 shares with a par value of $5.00 was reported in Form 10-Q dated August 6, 1993, and the same is hereby incorporated by reference. (4)(e) By-Laws as currently amended were filed in annual report on Form 10-K dated March 6, 1992, and the same are hereby incorporated by reference. (5) Opinion of Blackwell Sanders Matheny Weary & Lombardi L.C. (23)(a) Consent of Blackwell Sanders Matheny Weary & Lombardi L.C. (included in Exhibit 5). (23)(b) Consent of KPMG Peat Marwick LLP. (24) Powers of Attorney. EXHIBIT 5 [Blackwell Sanders letterhead} August 2, 1995 Commerce Bancshares, Inc. 1000 Walnut Street Kansas City, Missouri 64106 Gentlemen: We refer to the Registration Statement of Commerce Bancshares, Inc. (the "Company") on Form S-8 to be filed with the Securities and Exchange Commission for the purpose of registering under the Securities Act of 1933, as amended, 2,000,000 shares of the Company's Common Stock, $5.00 par value (the "Common Stock"), to be issued upon the exercise of options currently outstanding and to be granted in the future under the Commerce Bancshares, Inc. 1996 Incentive Stock Option Plan (the "Plan"). We are familiar with the proceedings to date with respect to such proposed sale and have examined such records, documents and matters of law and satisfied ourselves as to such matters of fact as we have considered relevant for the purposes of this opinion. Based upon the foregoing, it is our opinion that the 2,000,000 shares of Common Stock to be issued under the Plan have been duly authorized, and, when purchased in accordance with the Plan, will be legally issued, fully paid and non-assessable. We hereby consent to the filing of this opinion as Exhibit 5 to the Registration Statement. Very truly yours, Blackwell Sanders Matheny Weary & Lombardi L.C. EXHIBIT 23(b) INDEPENDENT ACCOUNTANTS' CONSENT The Board of Directors Commerce Bancshares, Inc. We consent to the incorporation by reference in this Registration Statement on Form S-8 of Commerce Bancshares, Inc. of our report dated January 31, 1995, relating to the consolidated balance sheets of Commerce Bancshares, Inc. and subsidiaries as of December 31, 1994 and 1993 and the related consolidated statements of income, cash flows and stockholders' equity for the years ended December 31, 1994, 1993 and 1992, which report appears in the December 31, 1994 annual report on Form 10-K of Commerce Bancshares, Inc. Very truly yours, KPMG Peat Marwick LLP Kansas City, Missouri August 2, 1995 EXHIBIT 24 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned does hereby appoint T. Alan Peschka and Charles E. Templer, or either to them, attorney for the undersigned and in the name of and on behalf of the undersigned to sign a Registration Statement on Form S-8 to be filed by Commerce Bancshares, Inc., together with any and all amendments which might be required from time to time with respect thereto, to be filed with the Securities and Exchange Commission under the Securities Act of 1933, with respect to the Commerce Bancshares Incentive Stock Option Plan, with full power and authority in either of said attorneys to do and perform in the name of and on behalf of the undersigned every act whatsoever necessary or desirable to be done in connection therewith as fully and to all intents and purposes as the undesigned might or could do in person. Executed this day of May, 1995. CERTIFICATION The undersigned Secretary of Commerce Bancshares, Inc. hereby certifies that a power of attorney in the form set forth above was executed by each of the following individuals (including David W. Kemper, who signed as Chairman of the Board, President and Chief Executive Officer (Chief Executive and Financial Officer) and Director) who signed as directors, being a majority of the Board of Directors of Commerce Bancshares, Inc., with said powers of attorney having been executed on various dates between April 26, 1995 and May 5, 1995: Giorgio Balzer, Fred L. Brown, W. Thomas Grant II, James B. Hebenstreit, James M. Kemper, Jr., Terry O. Meek, Joseph E. O'Brien, B. Franklin Rassieur, Jr., Dolph C. Simons, Jr., Andrew C. Taylor, and Robert H. West. August 2, 1995 /s/ T. Alan Peschka T. Alan Peschka Attorney-in-Fact -----END PRIVACY-ENHANCED MESSAGE-----