EX-4.1 3 y52200a2ex4-1.txt SPECIMEN OF COMMON STOCK Exhibit 4.1 [LOGO] INVERNESS MEDICAL INNOVATIONS, INC.(TM) INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE [NUMBER] THIS CERTIFICATE IS TRANSFERABLE IN CANTON, MA, JERSEY CITY, NJ OR NEW YORK, NY [SHARES] SEE REVERSE FOR CERTAIN DEFINITIONS CUSIP 46126P 10 6 THIS CERTIFIES THAT is the owner of FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, $.001 PAR VALUE, OF INVERNESS MEDICAL INNOVATIONS, 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 and the shares represented hereby are issued under and subject to the laws of the State of Delaware and to the Amended and Restated Certificate of Incorporation and Amended and Restated By-Laws of the Corporation, all as in effect from time to time. 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: /s/ Paul T. Hempel /s/ Ron Zwanziger Paul T. Hempel Ron Zwanziger SECRETARY PRESIDENT AND CHIEF EXECUTIVE OFFICER Inverness Medical Innovations, Inc. CORPORATE SEAL 2001 DELAWARE COUNTERSIGNED AND REGISTERED: EQUISERVE TRUST COMPANY, N.A. TRANSFER AGENT AND REGISTRAR /s/ Stephen Cesso Stephen Cesso AUTHORIZED SIGNATURE INVERNESS MEDICAL INNOVATIONS, INC. The Corporation is authorized to issue more than one class of stock. The Corporation will furnish without charge to each stockholder who requests a copy of the powers, designations, preferences and relative, participating, optional, or other special rights of each outstanding class of stock or series thereof of the Corporation, and the qualifications, limitations or restrictions of such preferences and/or rights. 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 TEN ENT -- as tenants by the entireties ______ Custodian_______ JT TEN -- as joint tenants with (Cust.) (Minor) right of survivorship Under Uniform Gifts to Minors and not as tenants in common Act_________________________ (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 IDENTIFYING NUMBER OF ASSIGNEE ____________________________________ | | |____________________________________| _______________________________________________________________________________ (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) _______________________________________________________________________________ _______________________________________________________________________________ _________________________________________________________________________Shares of the common 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 ________________________________ ________________________________________________ NOTICE: The Signature to this Assignment must correspond with the name 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 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.