UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 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): October 12, 2004 BANK OF THE OZARKS, INC. (Exact name of Registrant as specified in its Charter) (State of Incorporation) (Commission File No.) (IRS Employer I.D. No.) Arkansas 0-22759 71-0556208 12615 Chenal Parkway Little Rock, Arkansas 72211 (Address of Principal Executive Office) (Zip code) Registrant's telephone number, including area code: 501-978-2265 Item 2.02. Results of Operations and Financial Condition. On October 12, 2004 Registrant issued a press release of its third quarter 2004 earnings report which is attached hereto as Exhibit 99.1 and incorporated herein by reference. Item 7.01. Regulation FD Disclosure. See Item 2.02. Results of Operations and Financial Condition. Item 9.01. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits 99.1 Press release announcing third quarter 2004 earnings report. 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 12, 2004 /s/ Paul Moore --------------- Paul Moore Chief Financial Officer Exhibit No. Document Description 99.1 Press release announcing third quarter 2004 earnings report. 2