Openwave Systems Inc. Common Stock Certificate Form

Summary

This document is a template for a common stock certificate issued by Openwave Systems Inc., a Delaware corporation. It certifies ownership of fully paid and nonassessable shares of the company's common stock. The certificate is transferable only on the company's records by the holder or an authorized attorney upon proper endorsement and surrender. It must be countersigned by the transfer agent to be valid. The certificate also outlines procedures for transfer, signature requirements, and provides information on obtaining details about stock rights and preferences.

EX-4.1 6 dex41.txt FORM OF THE COMPANY'S COMMON STOCK CERTIFICATE EXHIBIT 4.1 ================================================================================ COMMON STOCK [LOGO OF OPENWAVE SYSTEMS INC.] COMMON STOCK NUMBER SHARES Openwave Systems Inc. CUSIP 683718 10 0 SEE REVERSE FOR DEFINITIONS INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON STOCK, $0.001 PAR VALUE, OF OPENWAVE SYSTEMS INC. CERTIFICATE OF STOCK 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. This certificate is not valid until countersigned and registered by the Transfer Agent and Registrar. WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. /s/ [CORPORATE SEAL /s/ OF OPENWAVE SYSTEMS INC.] CHIEF FINANCIAL OFFICER PRESIDENT AND CHIEF EXECUTIVE OFFICER COUNTERSIGNED AND REGISTERED: U.S. STOCK TRANSFER CORPORATION TRANSFER AGENT AND REGISTRAR BY AUTHORIZED SIGNATURE ================================================================================ ================================================================================ Openwave Systems Inc. The Corporation will furnish without charge to each stockholder who so requests a copy of the powers, designations, preferences and relative, participating, optional or other special rights to each class of stock or series thereof and the qualifications, limitations, or restrictions of such preferences and/or rights. 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 (Cust) (Minor) entireties under Uniform Gifts to JT TEN - as joint tenants with Minors Act................. right of survivorship (State) and not as tenants in common 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) ________________________________________________________________________________ ________________________________________________________________________________ _________________________________________________________________________ Shares represented by the within Certificate, and do hereby irrevocably constitute and appoint ________________________________________________________________________Attorney to transfer the said shares on the books of the within named Corporation with full power of substitution in the premises. Dated ____________________________ NOTICE: THE SIGNATURE(S) TO THIS ASSIGNMENT X_______________________________ MUST CORRESPOND WITH THE NAME(S) AS (SIGNATURE) WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, X_______________________________ WITHOUT ALTERATION OR ENLARGEMENT OR (SIGNATURE) ANY CHANGE WHATEVER. --------------------------------------- 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. --------------------------------------- SIGNATURE(S) GUARANTEED BY: ---------------------------------------