EX-10.1



 Exhibit 10.1 

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT 

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this
“Amendment”) is made and dated as of March 13, 2017, between EQUITY BANCSHARES, INC., a Kansas corporation (the “Borrower”), and SERVISFIRST BANK, an Alabama banking
corporation (the “Lender”). 
 R E C I T A L S 

A. Borrower and Lender are parties to that certain Loan and Security Agreement dated as of January 28, 2016 (as amended, supplemented or
otherwise modified from time to time, the “Loan Agreement”; capitalized terms used and not otherwise defined or amended in this Amendment shall have the meanings respectively assigned to them in the Loan Agreement). Under the terms
and conditions, and subject to the limitations, set forth in the Loan Agreement, Lender has provided to Borrower a Commitment to extend Loans to Borrower in an aggregate principal amount of up to $20,000,000.00. 

B. The Commitment Maturity Date was January 26, 2017, but has been extended by letter agreement to March 13, 2017. Borrower has
requested that Lender consent to (i) the renewal of the Commitment and extension of the Commitment Maturity Date for a period of 364 days from the date hereof, (ii) an increase of $10,000,000.00 to the Commitment amount, so that the
Maximum Commitment Amount becomes $30,000,000.00, and (iii) certain other amendments to the Loan Agreement, in each case in accordance with and subject to the terms set forth hereunder. 

C. Lender, by execution hereof, has agreed to consent to the foregoing and to amend the Loan Agreement accordingly, upon the terms and
conditions set forth herein, including, without limitation, the condition that Borrower acknowledge and reaffirm its obligations under the Loan Agreement and the other documents related thereto. 

D. The parties hereto have consulted with, and obtained the representation and advice of, their respective legal counsel with regard to the
terms and conditions of this Amendment. Each party to this Amendment has had the opportunity to participate fully in the drafting of this Amendment. 

A G R E E M E N T 
 In
consideration of the foregoing and the mutual covenants and agreements hereinafter set forth, the parties hereto hereby agree as follows: 

1. Recitals. The recitals set forth above are true and correct and the parties hereto agree to be bound thereby. 







 2. Amendments to the Loan Agreement. The Loan Agreement is hereby amended as follows: 

A. The recital set forth on the first page of the Loan Agreement is amended by deleting the principal amount
“$20,000,000.00” therefrom, and by inserting the principal amount “$30,000,000.00” in lieu thereof. 
 B.
Section 1.01 of the Loan Agreement is amended by amending and restating the definition of “Commitment Maturity Date” to read as follows: 

“Commitment Maturity Date” means the earlier of March 12, 2018, or the date that either the Commitment is
terminated or the maturity of any Note is accelerated pursuant to Section 7.02 of this Agreement. 

C. Section 1.01 of the Loan Agreement is amended by amending and restating the definition of “Maximum Commitment
Amount” to read as follows: 
 “Maximum Commitment Amount” means $30,000,000.00, which is the total
amount of principal available for Loans to Borrower under this Agreement. 
 D. Section 2.09 of the Loan Agreement is
amended and restated to read as follows: 
 Section 2.09 Unused Commitment Fee. Borrower shall pay to Lender
an unused commitment fee (the “Unused Commitment Fee”) in an amount equal to two-tenths of one percent (0.20%) (i.e., 20 basis points) per annum times the daily average difference
between (1) the Maximum Commitment Amount, and (2) the aggregate outstanding principal balance of the Loans made under or in connection with this Agreement. The Unused Commitment Fee shall be payable on the Commitment Maturity
Date. Lender shall have the right to debit one or more of Borrower’s deposit accounts with Lender to pay the Unused Commitment Fee. 

E. Section 3.02(H) of the Loan Agreement is amended and restated to read as follows: 

(H) There shall be no material adverse change in the consolidated financial condition or business of Borrower since
December 31, 2016, or the Subsidiary Bank since December 31, 2016. 
 F. Section 5.01(I) of the Loan
Agreement is amended and restated to read as follows: 
 (I) Borrower’s and the Subsidiary Bank’s financial
statements (including Call Reports, in the case of the Subsidiary Bank) furnished to Lender, including any schedules and notes pertaining thereto, have been prepared in accordance with Generally Accepted Accounting Principles consistently applied,
and fully and fairly present the financial condition of Borrower at the dates 

  
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thereof and the results of operations for the periods covered thereby, and there have been no material adverse changes in the consolidated financial condition or business of Borrower, from
December 31, 2016, to the date hereof, or the Subsidiary Bank, from December 31, 2016, to the date hereof; 
 G.
Section 5.01(J) of the Loan Agreement is amended and restated to read as follows: 
 (J) As of March 13, 2017,
neither Borrower nor the Subsidiary Bank has any material Indebtedness of any nature, including, but without limitation, liabilities for taxes and any interest or penalties relating thereto, except to the extent reflected (in a footnote or
otherwise) and reserved against in the December 31, 2016, financial statements of Borrower, or the December 31, 2016, Call Report of the Subsidiary Bank, or as disclosed in or permitted by this Agreement, as applicable; Borrower does not
know and has no reasonable ground to know of any basis for the assertion against it or the Subsidiary Bank as of December 31, 2016, of any material Indebtedness of any nature not fully reflected and reserved against in the above referenced
respective financial statements or Call Reports, as applicable; 
 H. Section 5.01(R) of the Loan Agreement is amended
and restated to read as follows: 
 (R) The Subsidiary Bank’s retained earnings, as reported on Schedule RC of the
Subsidiary Bank’s most recent quarterly Call Report, were $27,681,000.00. 
 I. Exhibit C to the Loan Agreement
is deleted in its entirety, and Exhibit C to this Amendment is inserted in lieu thereof. 
 3. Effectiveness. This Amendment
shall be and become effective as of the date first above written; provided, that each of the following conditions is satisfied, all as reasonably determined by and satisfactory to Lender: 

A. Lender shall have received an Unused Commitment Fee from Borrower in the amount of $38,323.29, which shall cover the period
of time from and including January 28, 2016, through and including January 26, 2017. 
 B. Lender shall have
received (including by facsimile) counterparts of this Amendment, duly executed by or on behalf of Borrower. 
 C. Lender
shall have approved the amendments set forth in this Amendment, such approval to be evidenced by Lender’s execution of counterparts of this Amendment. 

D. All documents executed or submitted pursuant hereto shall be reasonably satisfactory in form and substance to Lender and its
counsel prior to or by the time of closing. Prior to or by the time of closing, Lender and its counsel shall have received all 

  
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information, certificates, resolutions, legal opinions and other documents, and such counterpart originals or such certified or other copies of such originals as Lender or its counsel may
reasonably request, and all legal matters incident to the transactions contemplated by this Amendment shall be reasonably satisfactory to Lender and its counsel. 

E. The representations and warranties set forth in paragraph 4 below shall be true and correct in all respects. 

Notwithstanding the satisfaction (or waiver) of each of the conditions set forth above and/or the execution of this Amendment by Borrower,
this Amendment, in any event, shall not be or become effective and binding upon the parties until executed and accepted by Lender. 
 4.
Representations and Warranties. In order to induce Lender to enter into this Amendment, Borrower represents and warrants that: 

A. The execution, delivery and performance by Borrower of this Amendment and the documents contemplated hereby are
(i) within its entity powers and have been duly authorized by all necessary entity action, (ii) not in contravention of any law, rule or regulation, or any judgment, decree, writ, injunction, order to award of any arbitrator, court or
governmental authority, (iii) not in contravention of the terms of Borrower’s organizational documents, and (iv) not in contravention of any contract or undertaking to which Borrower is a party or by which Borrower or its properties
are or may be bound or affected. 
 B. Each of this Amendment and, to the extent Borrower is a party thereto, the other
documents contemplated hereby, is a legal, valid and binding obligation of Borrower, enforceable against Borrower in accordance with its respective terms. 

C. No consent, approval or authorization of or declaration, registration or filing with any governmental authority or any
nongovernmental person or entity, including without limitation any creditor, stockholder, member, partner or other owner of Borrower, is required on the part of Borrower in connection with the execution, delivery and performance of this Amendment
and the documents contemplated hereby, or the transactions contemplated hereby, or as a condition to the legality, validity or enforceability of this Amendment and the documents contemplated hereby. 

D. After giving effect to the amendments to the Loan Agreement contained in this Amendment: (i) the representations and
warranties contained in the Loan Agreement and in each other document related thereto are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof, (ii) Borrower is in full compliance
with all the covenants and agreements established under the Loan Agreement and the other documents related thereto, (iii) no Default has occurred and is continuing, and (iv) no material adverse change has occurred in the financial
condition of Borrower since the as-of date of the most recent financial statements delivered by Borrower to Lender. 

  
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 5. Reaffirmation and Ratification of Loan Documents. 

A. Borrower acknowledges, ratifies, reaffirms and confirms to Lender the obligations, liabilities and undertakings of Borrower
under the Loan Agreement, as amended hereby, and the other documents related thereto to which Borrower is a party. All provisions of the Loan Agreement and the other documents related thereto to which Borrower is a party are in full force and effect
and remain unchanged, except as amended hereby. 
 B. Borrower agrees that (i) the amendments effectuated hereunder do
not adversely affect or impair in any way the validity or enforceability of the Loan Agreement and the other documents related thereto to which Borrower is a party, and (ii) the Loan Agreement, as amended hereby, and the documents related
thereto to which Borrower is a party are legal, valid and binding obligations of Borrower, enforceable by Lender against Borrower and in accordance with their respective terms. 

C. Borrower acknowledges and agrees that the Loan Agreement, as amended hereby, and the other documents related thereto to
which Borrower is a party, and the Obligations (including, without limitation, Borrower’s obligation to pay the outstanding amounts under the Loan Agreement and each Note related thereto), are not subject to any defense, claim, counterclaim,
setoff, right of recoupment, abatement or other determination whatsoever, legal, equitable or otherwise. Borrower waives any and all defenses of any nature whatsoever, legal, equitable or otherwise, which Borrower may now have with respect to
Borrower’s obligations under the Loan Agreement, as amended hereby, and the other documents related thereto to which Borrower is a party. 

6. Acknowledgments Regarding Collateral. Borrower acknowledges, certifies and agrees that (i) all of the Collateral described in
the Loan Agreement, including, without limitation, the Pledged Stock, currently secures and shall continue to secure all of the Obligations, (ii) Lender’s security interests in and liens on the Collateral have been duly perfected and are
fully enforceable against Borrower and the property encumbered thereby, and (iii) there has been no interruption, cessation, or other lapse of the aforesaid security interests and liens of Lender in the Collateral. 

7. No Waiver by Lender, Etc. Notwithstanding the agreement of Lender to enter into this Amendment and to amend the Loan Agreement as
set forth herein, Borrower acknowledges and agrees that, by so agreeing to enter into this Amendment, except as specifically set forth in this Amendment, Lender shall not be deemed to have waived (or to be estopped from asserting) any provisions of
the Loan Agreement, as amended hereby, or any other document related thereto, including without limitation, any existing or future Default thereunder and, if Borrower now or at any time in the future shall be in breach of any of the provisions of
the Loan Agreement or any other document related thereto or if any Default has occurred and is continuing, Lender shall be entitled to withhold further Loans under the Loan Agreement at any time and to exercise any of its other default rights and
remedies thereunder or under any other document related thereto, from time to time, upon, if applicable, notice to Borrower, and that no failure or delay on the part of Lender in exercising any right or remedy under the Loan Agreement or under any
other document related thereto, and no course of dealing 

  
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with Borrower, on the one hand, and Lender, on the other hand, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy under the Loan Agreement or under
any other document related thereto preclude any other or further exercise thereof or the exercise of any other right or remedy hereunder or thereunder. 

8. Release of Claims. In consideration of the matters set forth in this Amendment, Borrower, for itself and on behalf of its legal
representatives, successors and assigns, hereby fully, finally and irrevocably releases Lender, and its officers, representatives, agents, attorneys, employees, predecessors, successors and assigns (collectively, the “Released
Parties”), from any and all defenses (other than payment or performance), affirmative defenses, claims, counterclaims, offsets, cross-claims, damages, demands, actions and causes of action of any kind or nature existing as of the date of
this Amendment or based on facts or circumstances arising at any time up through and including the date of this Amendment, whether known or unknown and whenever and howsoever arising, relating to the Loan Agreement or the liabilities and obligations
of Borrower thereunder, the other Obligations or the other documents related thereto, or any of them, or any past relationship between Borrower and Lender. In addition, Borrower hereby agrees not to commence, join in, prosecute, or participate in
any suit or other proceeding in a position adverse to that of any of the Released Parties arising directly or indirectly from any of the foregoing matters. 

9. Event of Default. If Borrower shall fail to perform or observe any term, covenant or agreement in this Amendment, or any
representation or warranty made by Borrower in this Amendment shall prove to have been incorrect in any material respect when made, such occurrence shall be deemed to constitute a Default. 

10. Payment of Fees and Expenses. Borrower agrees to pay all
out-of-pocket costs and expenses of Lender, including the attorneys’ fees, charges and disbursements of counsel for Lender, in connection with the negotiation,
preparation, execution and delivery of this Amendment and the documents referred to herein and the consummation of the transactions contemplated hereby. 

11. Counterparts; Facsimile Signatures. This Amendment may be executed in one or more counterpart copies, each of which constitutes an
original, but all of which, when taken together, shall constitute one agreement binding upon all of the parties hereto. Further, the parties hereto may execute facsimile copies of this Amendment and the facsimile signature of any such party shall be
deemed an original and fully binding on said party; provided, however, any party executing this Amendment by facsimile signature agrees to promptly provide an original executed copy of this Amendment to Lender. 

12. Governing Law, Etc. This Amendment shall be governed by and construed in accordance with the applicable terms and provisions of
Section 8.08 (Applicable Law; Jurisdiction and Venue) of the Loan Agreement, which terms and provisions are incorporated herein by reference. 

13. Successors and Assigns. This Amendment shall inure to and be binding upon and enforceable by Borrower, Lender, and their respective
successors and assigns. 

  
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 14. No Other Modifications. Except as hereby amended, no other term, condition or
provision of the Loan Agreement shall be deemed modified or amended, and this Amendment shall not be considered a novation. From and after the effective date hereof, all references in the Loan Agreement, and any other document or instrument entered
into in connection therewith, to the Loan Agreement shall be deemed to be references to the Loan Agreement as amended by this Amendment. 

15. Reaffirmation and Ratification of Pledge Agreement. Without limiting anything set forth in paragraph 5 above or elsewhere in this
Amendment, Borrower hereby acknowledges and agrees that the Pledge Agreement dated as of January 28, 2016, between Borrower and Lender remains in full force and effect as of the date hereof, and that the Pledged Stock described therein
continues to secure all Obligations (as defined in such Pledge Agreement) in all respects. For the avoidance of doubt, the Obligations secured by the Pledged Stock include, without limitation, any and all increases in the principal amount of the
Obligations that now or hereafter result from the increase in the Maximum Commitment Amount addressed in this Amendment. 
 16. Unused
Commitment Fee. Lender agrees not to charge an Unused Commitment Fee for the short-term extension period that began on January 27, 2017, and continued through and including the date immediately prior to the date of this Amendment. On and
after the date of this Amendment, the Unused Commitment Fee shall again accrue and otherwise be in effect in accordance with Section 2.09 of the Loan Agreement (as restated above). 

[Signature Page Follows] 

  
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 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day
and year first above written. 
  

			
	BORROWER:
	
	EQUITY BANCSHARES, INC.
		
	By:	 	 /s/ Gregory H. Kossover

	Name:	 	Gregory H. Kossover
	Title:	 	Chief Financial Officer
	
	LENDER:
	
	SERVISFIRST BANK
		
	By:	 	 /s/ Henry Abbott

	Name:	 	Henry Abbott
	Title:	 	Senior Vice President


 Signature Page to First Amendment to Loan and Security Agreement 







 EXHIBIT C TO 

LOAN AND SECURITY AGREEMENT 

STATES QUALIFIED, PRINCIPAL PLACES OF BUSINESS 
  

					
	 Entity
	  	 State(s) Qualified
	  	
Principal Place of Business

			
	Equity Bancshares, Inc	  	Kansas	  	 7701 E. Kellogg Ave.

Wichita, Kansas 67207

			
	Equity Bank	  	Kansas	  	 7701 E. Kellogg Ave.

Wichita, Kansas 67207


 NAME CHANGES AND MERGERS WITHIN FIVE YEARS AND ONE MONTH 

Borrower: 
 No name changes. 

2012 merger with First Community Bancshares. 
 2015 merger with
First Independence Corporation 
 2016 merger with Community First Bancshares, Inc. 

2017 merger with Prairie Bancshares, Inc. 
 Subsidiary
Bank: 
 No name changes. 
 2012 merger with First
Community Bank. 
 2012 merger with Signature Bank. 
 2012
merger with The Citizens National Bank of Chillicothe. 
 2015 merger with First Federal Savings and Loan of Independence 

2016 merger with Community First Bank 
 2017 merger with State
Bank of Hoxie, KS