ActivBiotics, Inc. Common Stock Certificate

Summary

This document certifies that the named individual or entity is the registered owner of fully paid and non-assessable shares of common stock in ActivBiotics, Inc., a Delaware corporation. The certificate allows for the transfer of shares on the corporation's books when properly endorsed and presented to the transfer agent. It includes standard legal language for stock ownership and transfer, and must be countersigned by the transfer agent and registrar to be valid.

EX-4.1 5 a2173987zex-4_1.txt EXHIBIT 4.1 COMMON STOCK COMMON STOCK [GRAPHIC] [ACTIVBIOTICS LOGO] [GRAPHIC] SEE REVERSE FOR CERTAIN DEFINITIONS CUSIP 00506G 20 2 ACTIVBIOTICS, INC. INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE THIS CERTIFIES THAT IS THE RECORD OWNER OF FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE $0.01 PER SHARE, OF ACTIVBIOTICS, INC. transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until countersigned by the Transfer Agent and registered by the Registrar. IN WITNESS WHEREOF, the Corporation has caused the facsimile signatures of its duly authorized officers to be hereunto affixed. Dated: /s/ Melissa J. Packard [ACTIVBIOTICS SEAL] /s/ Steven C. Gilman Treasurer PRESIDENT AND CHIEF EXECUTIVE OFFICER COUNTERSIGNED AND REGISTERED: REGISTRAR AND TRANSFER COMPANY (Cranford, NJ) TRANSFER AGENT AND REGISTRAR BY: AUTHORIZED SIGNATURE The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACCT - -------------Custodian--------- (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Gifts to Minors JT TEN - as joint tenants with right of survivorship and not as tenants Act -------------------------- in common (State) COM PROP - as community property UNIF TRF MIN ACT - --------Custodian (until age ------) (Cust) ---------under Uniform Transfers (Minor) to Minors Act -------------------- (State)

Additional abbreviations may also be used though not in the above list. FOR VALUE RECEIVED, ________________ hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE - -------------------------------------- - -------------------------------------- - ------------------------------------------------------------------------------- (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) - ------------------------------------------------------------------------------- - ------------------------------------------------------------------------------- - ------------------------------------------------------------------------ Shares of the capital stock represented by the within Certificate, and do hereby irrevocably constitute and appoint - --------------------------------------------------------------------- Attorney to transfer the said stock on the books of the within named Corporation with full power of substitution in the premises. Dated -------------- X ----------------------------------------- X ----------------------------------------- NOTICE THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR Signature(s) Guaranteed ENLARGEMENT OR ANY CHANGE WHATEVER.

By -------------------------------------------------------------- THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVING AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.