Series A Convertible Preferred Stock Certificate – Overland Storage, Inc.
This certificate represents ownership of Series A Convertible Preferred Stock in Overland Storage, Inc., a California corporation. The shares are transferable only on the company's records by the holder or their attorney upon proper endorsement and surrender of the certificate. The rights and restrictions of these shares are governed by the company's Articles of Incorporation and Bylaws. The shares have not been registered with the SEC and are subject to transfer restrictions under the Securities Act of 1933 unless certain conditions are met.
| Exhibit 4.1 |
See Restrictive Legends on Reverse Side of Certificate
Incorporated Under the Laws of the State of California
NUMBER
*PA-*
**
SHARES
OVERLAND STORAGE, INC.
THIS CERTIFIES THAT is the owner of shares of the SERIES A CONVERTIBLE PREFERRED STOCK of
OVERLAND STORAGE, INC.
transferable only on the books of the Corporation by the holder hereof, in person or by Attorney, upon surrender of this Certificate properly endorsed.
This certificate and the shares represented hereby are issued and shall have the rights specified in and be held subject to all the provisions of the Articles of Incorporation and the Bylaws of said corporation and any amendments thereof, to all of which the holder of this certificate, by acceptance hereof, assents.
IN WITNESS WHEREOF, the said Corporation has caused this Certificate to be signed by its duly authorized officers and its corporate seal to be hereunto affixed this day of,.
President
Secretary
THE SECURITIES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND, ACCORDINGLY, MAY NOT BE TRANSFERRED UNLESS (I) SUCH SECURITIES HAVE BEEN REGISTERED FOR SALE PURSUANT TO THE SECURITIES ACT OF 1933, AS AMENDED, (II) SUCH SECURITIES MAY BE SOLD PURSUANT TO RULE 144, OR (III) THE COMPANY HAS RECEIVED AN OPINION OF COUNSEL TO THE TRANSFEROR, THE SUBSTANCE OF WHICH OPINION SHALL BE REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH TRANSFER MAY LAWFULLY BE MADE WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933.
A STATEMENT OF THE RIGHTS, PREFERENCES, PRIVILEGES AND RESTRICTIONS GRANTED TO OR IMPOSED UPON EACH CLASS OR SERIES AND THE NUMBER OF SHARES IN AND DESIGNATION OF EACH CLASS OR SERIES OF SHARES WILL BE FURNISHED TO ANY SHAREHOLDER UPON REQUEST AND WITHOUT CHARGE FROM THE OFFICE OF THE SECRETARY OF THE COMPANY AT THE PRINCIPAL EXECUTIVE OFFICE OF THE COMPANY.
No.
CERTIFICATE
FOR
SHARES OF PREFERRED STOCK
ISSUED TO DATED
For Value Received, hereby sell, assign and transfer unto shares of the Preferred 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
In presence of
