Description of the Companys Common Stock

Contract Categories: Business Finance - Stock Agreements
EX-4.2 2 d831398dex42.htm EX-4.2 EX-4.2

Exhibit 4.2


As of February 20, 2020, Intersect ENT, Inc. has one class of Common Stock securities registered under Section 12 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”).

Description of the Company’s Common Stock

The following description of our Common Stock is a summary and does not purport to be complete. It is subject to and qualified in its entirety by reference to our Amended and Restated Articles of Incorporation (the “Articles of Incorporation”) and our Amended and Restated Bylaws (the “Bylaws”), each of which are incorporated by reference as an exhibit to the Annual Report on Form 10-K of which this Exhibit 4.1 is a part. We encourage you to read our Articles of Incorporation, our Bylaws and the applicable provisions of the Delaware General Corporation Law, for additional information.

Authorized Capital Shares

Our authorized capital shares consist of 150,000,000 shares of common stock, $0.001 par value per share (“Common Stock”), and 10,000,000 shares of series preferred stock, $0.001 par value per share (“Preferred Stock”). The outstanding shares of our Common Stock are fully paid and nonassessable. No preferred shares of our preferred stock are currently outstanding.

Voting Rights

Holders of Common Stock are entitled to one vote per share on all matters voted on by the stockholders, including the election of directors. Our Common Stock does not have cumulative voting rights.

Dividend Rights

Subject to preferences that may apply to any shares of preferred stock outstanding at the time, the holders of outstanding shares of our common stock are entitled to receive dividends out of funds legally available at the times and in the amounts that our board of directors may determine.

Liquidation Rights

Upon our liquidation, dissolution or winding-up, the assets legally available for distribution to our stockholders would be distributable ratably among the holders of our common stock and any participating preferred stock outstanding at that time after payment of liquidation preferences, if any, on any outstanding shares of preferred stock and payment of other claims of creditors.

The rights, preferences, and privileges of holders of our common stock are subject to, and may be adversely affected by, the rights of holders of shares of any series of preferred stock that we may designate and issue in the future.

Other Rights and Preferences

Our Common Stock is not entitled to preemptive rights and is not subject to conversion, redemption or sinking fund provisions.


The Common Stock is traded on The Nasdaq Stock Market LLC under the trading symbol “XENT.”