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): March 13, 2009
SERVISFIRST
BANCSHARES, INC.
(Exact
Name of Registrant as Specified in Its Charter)
Delaware
(State or
Other Jurisdiction of Incorporation)
0-53149
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26-0734029
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(Commission
File Number)
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(IRS Employer
Identification No.)
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3300
Cahaba Road, Suite 300, Birmingham, Alabama
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35223
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(Address of
Principal Executive Offices)
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(Zip
Code)
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(205)
949-0302
(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 obligations of the registrant under any of the following
provisions:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Section
1 – Registrant’s Business and Operations
Item
1.01. – Entry into a Material Agreement
In connection with a private placement
and pursuant to subscription agreements effective March 13, 2009, the Company
issued and sold to 50 accredited investors 139,460 shares of the Company’s
common stock for $25.00 per share, for an aggregate purchase price of
$3,486,500. This sale completes the Company’s private placement of
400,000 shares of the Company’s common stock for $25.00 per share, or an
aggregate purchase price of $10,000,000, the first sale of which was reported in
the Company’s Current Report on Form 8-K dated January 8, 2009, as amended
January 15, 2009 and March 4, 2009.
Furthermore, on March 13, 2009, the
Company issued a press release announcing the completion of the private
placement. A copy of which is attached as Exhibit 99.1.
Section
3 – Securities and Trading Markets
Item
3.02. – Unregistered Sales of Equity Securities
The information set forth under Item
1.01 of this Current Report is incorporated herein by reference in its
entirety. The issuances of the shares in connection with the private
placement were exempt from registration under the Securities Act of 1933, as
amended (the “Act”), in reliance on exemptions from the registration
requirements of the Act in transactions not involved in a public offering
pursuant to Regulation D promulgated under the Act. The shares issued have
not been registered under the Act and may not be offered or sold in the United
States absent registration or an applicable exemption from registration
requirements.
Section
9 – Financial Statements and Exhibits
Item
9.01.
Financial Statements and Exhibits.
(d)
Exhibits |
Description |
99.1
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Press
Release Issued March 13, 2009
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SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, the registrant has duly caused this Current
Report on Form 8-K to be signed on its behalf by the undersigned hereunto duly
authorized.
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SERVISFIRST
BANCSHARES, INC. |
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Date:
March 13, 2009
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By:
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/s/
Thomas A. Broughton III |
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Thomas
A. Broughton III |
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Chief
Executive Officer |
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