Specimen Common Stock Certificate of Exabyte Corporation

Summary

This document is a specimen stock certificate for Exabyte Corporation, certifying ownership of fully paid and non-assessable shares of its common stock. The certificate outlines the process for transferring shares, the rights attached to the stock under a referenced Rights Agreement, and the need for proper endorsement and signature guarantees for transfers. It also provides information on how shareholders can request details about the rights and preferences of the stock. The certificate must be countersigned by the transfer agent to be valid.

EX-4.3 4 d90601ex4-3.txt SPECIMEN STOCK CERTIFICATE OF THE COMPANY 1 EXHIBIT 4.3 [FORM OF FACE OF STOCK CERTIFICATE] NUMBER [EXABYTE LOGO] SHARES FBU THIS CERTIFICATE IS INCORPORATED UNDER THE SEE REVERSE FOR CERTAIN TRANSFERABLE IN BOSTON, MA LAWS OF THE STATE OF DEFINITIONS AND NEW YORK, NY DELAWARE THIS IS TO CERTIFY That CUSIP 300615 10 1 is the owner of FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK, $.001 PAR VALUE PER SHARE, OF EXABYTE CORPORATION transferable only on the books of the Corporation in person or by attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid unless countersigned and registered by the Transfer Agent and Registrar. WITNESS the facsimile seal of the Corporation and signatures of its duly authorized officers. Dated: [Exabyte seal] /s/ Stephen F. Smith /s/ William L. Marriner SECRETARY PRESIDENT COUNTERSIGNED AND REGISTERED: BankBoston, N.A. TRANSFER AGENT AND REGISTRAR BY ---------------------------------------- AUTHORIZED SIGNATURE 2 [FORM OF REVERSE SIDE OF CERTIFICATE] EXABYTE CORPORATION The Corporation will furnish without charge to each stockholder upon request a statement of the powers, designations, preferences and relative, participating, optional or other special rights of each class of stock or series thereof of the Corporation and the qualifications, limitations or restrictions of such preferences and/or rights. Any such requests may be made to the Secretary of the Corporation. This certificate also evidences and entitles the holder hereof to certain Rights as set forth in a Rights Agreement between Exabyte Corporation and The First National Bank of Boston, dated January 24, 1991, as amended on August 23, 1995 and further amended from time to time (the "Rights Agreement"), the terms of which are hereby incorporated herein by reference and a copy of which is on file at the principal executive offices of Exabyte Corporation. Under certain circumstances, as set forth in the Rights Agreement, such Rights will be evidenced by separate certificates and will no longer be evidenced by this certificate. Exabyte Corporation will mail to the holder of this certificate a copy of the Rights Agreement without charge after receipt of a written request therefor. As described in the Rights Agreement, Rights issued to any Person who becomes an Acquiring Person (as defined in the Rights Agreement) shall become null and void. 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 -------------- ----------- (Cust) (Minor) under Uniform Gifts to Minors Act ------- (State) TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with rights UNIF GIFT TRF ACT -- Custodian (until age ) of survivorship and not as -------------- ----- tenants in common (Cust) (Minor) under Uniform Transfers -------------- (Minor) to Minors Act ------- (State)

Additional abbreviations may be used though not in the above list. FOR VALUE RECEIVED, __________________ hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY NUMBER 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 _____________________________________________ 3 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 WHATEVER. Signature(s) Guaranteed By ---------------------- THE SIGNATURE(S) 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.