AVIZA TECHNOLOGY, INC.

EX-4.1 4 a05-22101_1ex4d1.htm INSTRUMENTS DEFINING THE RIGHTS OF SECURITY HOLDERS, INCLUDING INDENTURES

Exhibit 4.1

 

 

 

 

 

 

 

 

COMMON STOCK

 

AVIZA TECHNOLOGY, INC.

 

 

CUSIP 05381A 10 5

 

 

INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE

 

SEE REVERSE FOR CERTAIN DEFINITIONS

 

This Certifies that

 

SPECIMEN

 

is the record holder of

 

FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE $0.0001 PER SHARE, OF

Aviza Technology, Inc.

 

(the “Corporation”) transferable only on the books of the Corporation by the holder hereof, in person or by duly authorized attorney, upon surrender of this Certificate properly endorsed or assigned.

 

This Certificate and the shares represented hereby shall be held subject to all of the provisions of the Certificate of Incorporation and the Bylaws of said Corporation and any amendments thereto, a copy of each of which is on file at the office of the Corporation and made a part hereof as fully as though the provisions of said Certificate of Incorporation and Bylaws were imprinted in full on this Certificate, to all of which the holder of this Certificate, by acceptance hereof, assents and agrees to be bound.

 

This Certificate is not valid unless countersigned and registered by the Transfer Agent and Registrar.

 

WITNESS the facsimile signatures of the duly authorized officers of the Corporation.

 

Dated:

 

 

 

 

 

 

 

Secretary

 

 President and Chief Executive Officer

 

COUNTERSIGNED AND REGISTERED.

 

AMERICAN STOCK TRANSFER & TRUST COMPANY

 

TRANSFER AGENT

AND REGISTRAR

BY

 

 

AUTHORIZED SIGNATURE

 

AMERICAN BANK NOTE COMPANY.

 



 

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 ACT–

 

Custodian

 

TEN ENT

-

as tenants by the entireties

 

 

(Cust)

 

(Minor)

JT TEN

-

as joint tenants with right of survivorship and not as tenants in common

 

 

 

 

 

 

under Uniform Gifts 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 postal zip code of assignee

 

 

 

 

 

 

Shares of the Common 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,

 

 

 

 

 

 

 

 

 

 

 

 

 

SIGNATURE(S) GUARANTEED:

 

 

 

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

 

 

 

 

 

 

KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, MUTILATED OR DESTROYED, THE CORPORATION WILL REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT CERTIFICATE.

 

 

 

NOTICE: The signature to this assignment must correspond with the name as written upon the face of the Certificate, in every particular, without alteration or enlargement, or any change whatever.