Southwest Bancorp, Inc. ("Southwest" or the Company) is an independent and commercial-oriented financial services institution primarily in Texas, Oklahoma and Kansas.

According to the Complaint, on December 14, 2016, the Board caused the Company to enter into an agreement and plan of merger, pursuant to which the Company’s shareholders stand to receive 0.3903 shares of Simmons common stock and $5.11 in cash for each share of Southwest stock they own.

The Complaint alleges that on July 24, 2017, in order to convince Southwest shareholders to vote in favor of the Proposed Merger, the Board authorized the filing of a materially incomplete and misleading Form S-4 Registration Statement with the Securities and Exchange Commission, in violation of Sections 14(a) and 20(a) of the Exchange Act.

This case was voluntarily dismissed on November 14, 2017.