Data Domain, Inc. Form of Common Stock Certificate

Summary

This document is a form of common stock certificate for Data Domain, Inc., a Delaware corporation. It certifies ownership of fully paid and nonassessable shares of the company's common stock, which can be transferred on the company's books by the holder or an authorized attorney upon proper endorsement and surrender of the certificate. The certificate must be countersigned by the transfer agent and registered by the registrar to be valid. It also outlines standard legal abbreviations for ownership and transfer, and provides instructions for assignment and signature guarantees.

EX-4.2 3 dex42.htm FORM OF COMMON STOCK CERTIFICATE Form of Common Stock certificate

Exhibit 4.2

NUMBER

DDUP

datadomain

INCORPORATED UNDER THE

LAWS OF THE STATE

OF DELAWARE

SEE REVERSE FOR CERTAIN DEFINITIONS

CUSIP 23767P 10 9

This certifies that

is the record holder of

FULLY PAID AND NONASSESSABLE SHARES OF COMMON STOCK, $0.0001 PAR VALUE, OF

Data Domain, 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.

WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers.

Dated:

President & Chief Executive Officer

Secretary

COUNTERSIGNED AND REGISTERED:

WELLS FARGO BANK, N. A.

TRANSFER AGENT AND REGISTRAR

BY:

AUTHORIZED SIGNATURE

The Corporation shall furnish without charge to each stockholder who so requests a statement of the powers, designations, preferences and relative, participating, optional or other special rights of each class of stock of the Corporation or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. Such requests shall be made to the Corporation

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 TE NENT - as tenants by the entireties JT TEN - as joint tenants with right of

survivorship and not as tenants

in common COM PROP - as community property

UNIF GIFT MIN ACT - Custodian

(Cust) (Minor)

under Uniform Gifts to Minors

Act (State)

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(s), assign(s) and transfer(s) unto

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)

of the capital stock represented by within Certificate, and do hereby irrevocably constitute and appoint

attorney-in-fact

to transfer the said stock on the books of the within named Corporation with full power of the substitution in the premises.

Dated

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 WHATSOEVER.

Signature(s) Guaranteed:

THE SIGNATURE(S) SHOULD 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), PURSUANTTO S.E.C. RULE 17Ad-15. GUARANTEES BY ANOTARY PUBLIC ARE NOT ACCEPTABLE. SIGNATURE GUARANTEES MUST NOT BE DATED.