FULLY PAID AND NONASSESSABLE SHARES OF COMMON STOCK, PAR VALUE$.001 PER SHARE, OF DESIGN WITHIN REACH, INC.

Contract Categories: Business Finance - Stock Agreements
EX-4.01 3 dex401.htm FORM OF SPECIMEN COMMON STOCK CERTIFICATE Form of Specimen Common Stock Certificate
     CERTIFICATE OF STOCK    Exhibit 4.01
     [GRAPHIC]     
        COMMON STOCK
     DESIGN WITHIN REACH, INC.    [GRAPHIC]
     INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE    SEE REVERSE FOR
CERTAIN DEFINITIONS

 

CUSIP 250557 10 5

 

THIS CERTIFIES THAT:

 

 

 

 

 

IS THE OWNER OF

 

FULLY PAID AND NONASSESSABLE SHARES OF COMMON STOCK, PAR VALUE $.001 PER SHARE, OF

 

DESIGN WITHIN REACH, INC.

 

transferable on the books of Design Within Reach, Inc. by the holder hereof in person, or by duly authorized attorney, upon surrender of this Certificate properly endorsed. This Certificate is not valid until countersigned and registered by the Transfer Agent and Registrar.

 

IN WITNESS WHEREOF, Design Within Reach, Inc. has caused this Certificate to be executed by the facsimile signatures of its duly authorized officers and sealed with the facsimile seal of Design Within Reach, Inc.

 

Dated:

 

FOR POSITION ONLY       FOR POSITION ONLY
/s/    David Barnard           [SEAL]   /s/    Wayne Badovinus        
      
SECRETARY AND CHIEF FINANCIAL OFFICER       PRESIDENT AND CHIEF EXECUTIVE OFFICER

 

COUNTERSIGNED AND REGISTERED:

 

AMERICAN STOCK TRANSFER & TRUST COMPANY

 

TRANSFER AGENT AND REGISTRAR

 

BY    
   
    AUTHORIZED SIGNATURE

 

The Corporation will furnish without charge to each stockholder who so requests in writing, the designations, powers, preferences and relative, participating, optional or other special rights of each class of stock or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. Any such request may be made to the Corporation or to the Transfer Agent.

 

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

    
   

 

X    
   
X    
   
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.

 

Signature(s) Guaranteed

 

By

    
   
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), 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.