NUMBER Overstock.com, Inc. SHARES
EXHIBIT 4.1
NUMBER |
| Overstock.com, Inc. |
| SHARES |
SA
INCORPORATED UNDER THE LAWS OF |
| SEE REVERSE FOR STATEMENT RELATING TO |
THE STATE OF DELAWARE |
| RIGHTS, REFERENCES, PRIVILEGES |
|
| AND RESTRICTIONS, IF ANY |
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This Certificates that is |
| CUSIP [_____________] |
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the owner of |
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FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK,
PAR VALUE $0.0001 PER SHARE, OF OVERSTOCK.COM, INC.
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 unt il countersigned and registered by the Transfer Agent and Registrar.
WITNESS the facsimile seal of the Corporation and the facsimile signature of its duly authorized officers.
Dated
[SIGNATURE ILLEGIBLE] |
| [SIGNATURE ILLEGIBLE] |
[SEAL] |
PRESIDENT AND CHIEF EXECUTIVE OFFICER |
| SECRETARY |
COUNTERSIGNED AND REGISTERED:
[_________________]
TRANSFER AGENT AND REGISTRAR |
BY:
OVERSTOCK.COM, INC.
A statement 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, from time to time, by the Certificate of Incorporation and by any certificate of determination, the number of shares constituting each class and series, and designations thereof, may be obtained by the holder hereof upon request and without charge at 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 |
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TEN ENT--as tenants by the entireties |
| (Cust) |
| (Minor) | |||
JT TEN--as joint tenants with right of survivorship and not as tenants in common |
| under Uniform Gifts to Minors Act | |||||
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| (State) | |||||
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| UNIF TRF MIN ACT-- | Custodian (until age) |
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| under Uniform Transfers to Minors Act | |||||
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| (State) | |||||
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
IDENTIFICATION NUMBER OF ASSIGNEE: _________________< /p>