Kyphon Inc. Specimen Common Stock Certificate

Summary

This document is a specimen certificate representing shares of common stock in Kyphon Inc., a Delaware corporation. It certifies that the holder owns fully paid and nonassessable shares, which can be transferred on the corporation's books by the holder or an authorized attorney. The certificate is only valid when countersigned by the transfer agent and registrar. It also outlines the process for transferring shares and notes that further information about stockholder rights is available upon request from the company.

EX-4.1 5 dex41.txt SPECIMEN COMMON STOCK Exhibit 4.1 [Number] [Shares] [LOGO OF KYPHON] INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE CUSIP 501577 10 0 SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFIES THAT Is the record holder of FULLY PAID AND NONASSESSABLE SHARES OF COMMON STOCK, $.001 PAR VALUE OF ------------------------ ---------------------- ------------------------------ KYPHON INC. ---------------------------- ---------------------- -------------------- transferable 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 by the Transfer Agent and Registrar. WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. Dated: [CORPORATE SEAL OF DELAWARE KYPHON INC. JAN. 10, 1994] NEED FACSIMILE SIGNATURE NEED FACSIMILE SIGNATURE TREASURER PRESIDENT AND CHIEF EXECUTIVE OFFICER COUNTERSIGNED AND REGISTERED: U.S. STOCK TRANSFER CORPORATION TRANSFER AGENT AND REGISTRAR BY AUTHORIZED SIGNATURE KYPHON INC. A statement of all of the powers, designations, 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 as established by the Certificate of Incorporation, as amended, may be obtained by any stockholder upon request and without charge from the principal office of 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 UNIF GIFT MIN ACT - __________Custodian _________________ TEN ENT - as tenants by the entireties (Cust) (Minor) JT TEN - as joint tenants with under Uniform Gifts to Minors right of survivorship and not as tenants in Act _________________________________ common (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. ASSIGNMENT ---------- For Value Received _________________________hereby sell(s), assign(s) and transfer(s) unto PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF ASSIGNEE [ ] _______________________________________________________________________________ (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE(S) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ of the Shares of capital stock represented by the within Certificate and do(es) 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 _________________ ___________________________________ ___________________________________ NOTE: The signature to this assignment must correspond with the names as written upon the face of the certificate in every particular, without alteration or enlargement or any change whatever. Signature must be guaranteed. Signature(s) Guaranteed: By ___________________________________________________________________________ THE SIGNATURES 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.