Specimen Common Stock Certificate of Advancis Pharmaceutical Corporation

Summary

This document is a specimen stock certificate for common shares of Advancis Pharmaceutical Corporation, a Delaware company. It certifies ownership of fully paid and non-assessable common stock, which can be transferred on the corporation’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 to be valid. It also outlines the process for obtaining information about stock rights and preferences, and includes standard assignment and transfer language.

EX-4.1 7 w88581exv4w1.txt SPECIMEN STOCK CERTIFICATE EXHIBIT 4.1 COMMON STOCK COMMON STOCK NUMBER [ADVANCIS LOGO] SHARES Incorporated under the laws of the State of Delaware SEE REVERSE FOR CERTAIN DEFINITIONS ADVANCIS PHARMACEUTICAL CORPORATION CUSIP __________ THIS CERTIFIES THAT IS THE OWNER OF FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK, $0.01 PAR VALUE, OF ADVANCIS PHARMACEUTICAL CORPORATION (hereinafter called the Corporation), 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. Dated: ADVANCIS PHARMACEUTICAL CORPORATION DELAWARE [1999 SEAL] /s/ Edward M. Rudnic, Ph.D. /s/ Steven A. Shallcross Chief Executive Officer and Chief Financial Officer and President Secretary COUNTERSIGNED AND REGISTERED: (NEW YORK, NEW YORK) TRANSFER AGENT AND REGISTRAR [ ] AUTHORIZED SIGNATURE ADVANCIS PHARMACEUTICAL CORPORATION The Corporation will furnish to any stockholder on request and without charge a full statement of the designations and any preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption of the stock of each class which the Corporation is authorized to issue, of the differences in the relative rights and in extent they have been set, and of the authority of the Board of Directors to set the relative rights and preferences of subsequent series of a preferred or special class of stock. Such request may be made to the Secretary 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 UNIF GIFT MIN ACT-- _____ Custodian _______ common (Cust) (Minor) TEN ENT- as tenants under Uniform Gifts to Minors Act by the entireties ________________________ (State) JT TEN- as joint tenants with right of survivorship and not as tenants in common 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 ZIP CODE, OF ASSIGNEE ________________________________________________________________________________ __________________________________________________________________________Shares of the capital 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(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) 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 ELGIBLE 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.