our access to information related to the parent drugs of our product candidates may not reduce the risks and time associated with drug development

EX-4.1 4 f04465a2exv4w1.htm EXHIBIT 4.1 exv4w1

Exhibit 4.1

COMMON STOCK COMMON STOCK

INCORPORATED UNDER THE LAWS SEE REVERSE FOR CERTAIN

OF THE STATE OF DELAWARE DEFINITIONS AND RESTRICTIONS

CUSIP 98411C 10 0

THIS CERTIFIES THAT

is the registered holder of: AUTHORIZED SIGNATURE FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE $0.001 PER SHARE OF

XENOPORT, INC. transferable on the books of the Corporation by the holder hereof in person or by duly authorized Attorney upon surrender of this certificate TRANSFER AGENT AND REGISTRAR

properly endorsed. This certificate and the shares represented hereby are issued and shall be held subject to all the provisions of the Certificate

of Incorporation and the Bylaws of the Corporation and all amendments thereto, copies of which are on file at the office of the Corporation, to

which the holder, by acceptance hereof assents. This certificate is not valid until countersigned and registered by the transfer agent and registrar.

WITNESS the facsimile seal of the Corporation and the T facsimile signatures of its duly authorized officers.

WITNESS the facsimile seal of the Corporation and the

Dated:

SECRETARY

facsimile signatures of its duly authorized officers.

CHIEF EXECUTIVE OFFICER

XENOPORT, INC.

The Corporation will furnish without charge to each stockholder who so requests 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. Such requests shall be made to the Corporation’s Secretary 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 commonUNIF GIFT MIN ACT- Custodian (Cust) (Minor) TEN ENT-as tenants by the entireties under Uniform Gifts to Minors JT TEN-as joint tenants with right of survivorship andAct not as tenants in 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. FOR VALUE RECEIVED, hereby sell, assign and transfer(s) unto PLEASE INSERT SOCIAL SECURITY OR

OTHER IDENTIFYING NUMBER OF ASSIGNEE

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE)

of the Common Stock represented by the within Certificate, and do(es) 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 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

SIGNATURE(S) GUARANTEED:WHATEVER. 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.