Exhibit 5.1
| | |
ROBERT W. WISE BRETT A. REBER CASEY R. LAW RANDEE KOGER JEFFREY A. HOUSTON DAVID N. HARGER ANN M.E. PARKINS LAUREN G. HUGHES | | CASEY R. LAW 620.504.5422 claw@bwisecounsel.com |
June 11, 2021
Equity Bancshares, Inc.
7701 East Kellogg Drive, Suite 300
Wichita, Kansas 67207
Ladies and Gentlemen:
We have acted as special counsel to Equity Bancshares, Inc., a Kansas corporation (the “Company”), in connection with the Registration Statement on Form S-4 (the “Registration Statement”) to be filed with the Securities and Exchange Commission under the Securities Act of 1933, as amended (the “Securities Act”), on the date hereof, relating to the registration of 2,486,113 shares (the “Shares”) of the Company’s Class A common stock, par value $0.01 per share. The Shares are proposed to be issued pursuant to an Agreement and Plan of Reorganization, dated as of May 14, 2021 (the “Merger Agreement”), by and among the Company, Greyhound Merger Sub, Inc., a Kansas corporation (“Merger Sub”), and American State Bancshares, Inc., a Kansas corporation (“ASB”). The Merger Agreement provides that Merger Sub will merge (the “Merger”) with and into ASB, with ASB continuing as the surviving corporation and a wholly-owned subsidiary of the Company.
In connection with the opinion expressed herein, we have examined copies of the following documents: (i) the Second Amended and Restated Articles of Incorporation of the Company, as amended; (ii) the Amended and Restated Bylaws of the Company; (iii) the Registration Statement (but not, except as stated otherwise in this letter, the Exhibits or Annexes to the Registration Statement); (iv) the Merger Agreement; (v) relevant resolutions of the board of directors of the Company; and (vi) such other instruments, documents, and records as we have deemed necessary, relevant, or appropriate for the purposes hereof. We have also reviewed such questions of law as we have deemed necessary or appropriate.
In our examination, we have assumed the genuineness of all signatures, including endorsements; the legal capacity and competency of all natural persons; the authenticity of all documents submitted to us as originals; the conformity to original documents of all documents submitted to us as facsimile, electronic, certified, or photostatic copies; and the authenticity of the originals of such copies. In making our examination of executed