EX-4.1 2 g09283exv4w1.htm EX-4.1 FORM OF RIGHTS CERTIFICATE EX-4.1 FORM OF RIGHTS CERTIFICATE
 

Exhibit 4.1
(STOCK CERTIFICATE)
STOCK CERTIFICATE

 


 

(STOCK CERTIFICATE)
DELIVERY OPTIONS FOR SUBSCRIPTION CERTIFICATE By Mail or by Overnight Courier: By Hand: American Stock Transfer & Trust Company American Stock Transfer & Trust Company Attn: Reorganization Department Attn: Reorganization Department Operations Center 59 Maiden Lane 6201 15th Avenue Plaza Level Brooklyn, NY 11219 New York, NY 10038 Delivery to an address other than the address listed above will not constitute valid delivery. Delivery by facsimile will not constitute valid delivery. PLEASE PRINT ALL INFORMATION CLEARLY AND LEGIBLY. SECTION 1 SECTION 2 IF YOU WISH TO SUBSCRIBE FOR YOUR FULL SUBSCRIPTION PRIVILEGE OR A SPECIAL ISSUANCE OR DELIVERY INSTRUCTIONS FOR SUBSCRIPTION RIGHTS PORTION THEREOF: HOLDERS: Basic Subscription Privilege (a) To be completed ONLY if the certificate representing the Common Stock is to be I exercise rights x 0.22851 = issued in a name other than that of the registered holder. (See the Instructions.) DO NOT FORGET TO COMPLETE THE GUARANTEE OF SIGNATURE(S) SECTION BELOW. (no. of rights) (ratio) (no. of new shares) Therefore, I apply for x $ 6.55 = $ ISSUE COMMON STOCK TO: (no. of new shares) (subscription price) (amount enclosed) Over - Subscription Privilege (Please Print Name) If you fully exercise your Basic Subscription Privilege and wish to subscribe for additional shares up to one-half of the total number of unsubscribed shares multiplied by your ownership percent- (Print Full Address) age of our outstanding Common Stock at the record date you may exercise your Over-Subscription Privilege. (Social Security # or Tax ID #) Accordingly, my maximum Over-Subscription Privilege is: STEP 1: Determine the maximum number of unsubscribed shares: (b) To be completed ONLY if the certificate representing the Common Stock is to be sent to an address other than that shown on the front of this certificate. (See the Instructions.) ( 35,630,013 — ) x 0.22851 = shares DO NOT FORGET TO COMPLETE THE GUARANTEE OF SIGNATURE(S) SECTION (total outstanding (Total no. of rights listed (ratio) (maximum unsubscribed shares) BELOW. shares less shares of on the front of certificate) standby purchasers) (Please Print Name) STEP 2: Determine your maximum Over-Subscription Privilege x ( / 61,266,314 ) x 0.50 =             shares (Print Full Address) (maximum (Total no. of rights listed (total outstanding (maximum over-subscription) unsubscribed on the front of certificate) shares) shares) (Social Security # or Tax ID #) Therefore, I apply for: GUARANTEE OF SIGNATURE(S) x $ 6.55 = $ (no. of over-sub- (subscription price) (additional amount enclosed) YOU MUST HAVE YOUR SIGNATURE GUARANTEED IF YOU WISH TO HAVE scription shares subscribed for) YOUR SHARES DELIVERED TO AN ADDRESS OTHER THAN YOUR OWN OR TO A SHAREHOLDER OTHER THAN THE REGISTERED HOLDER. Check or bank draft drawn on a U.S. bank, or postal telegraphic or express money order payable to American Stock Transfer & Trust Company, as Subscription Agent. Your signature must be guaranteed by an Eligible Guarantor Institution, as defined in Rule 17Ad-15 of the Securities Exchange Act of 1934, as amended. These generally include (a) Wire transfer directly to the escrow account maintained by American Stock Transfer a commercial bank or trust company, (b) a member firm of a domestic stock exchange, or (c) & Trust Company, as Subscription Agent. a credit union. TO SUBSCRIBE: I acknowledge that I have received the prospectus for this offer and I hereby Signature: irrevocably subscribe for the number of shares indicated above on the terms and conditions (Name of Bank or Firm) specified in the prospectus. I hereby agree that if I fail to pay for the shares of Common Stock for which I have subscribed, Exide Technologies may exercise its legal remedies against me. By: (Signature of Officer) Signature(s) of Subscriber(s) IMPORTANT: THE SIGNATURE(S) MUST CORRESPON D IN EVERY PARTICULAR, WITHOUT ALTERATION, WITH THE NAME(S) AS PRINTED ON THE REVERSE OF THIS SUBSCRIPTION CERTIFICATE. If signature is by trustee(s), executor(s), administrator(s), guardian(s), attorney(s)-in-fact, agent(s), officer(s) of a corporation or another acting in a fiduciary or representative capacity, please provide the following information (please print). See the instructions. Name(s): Capacity (Full Title): Taxpayer ID # or Social Security #: FULL PAYMENT FOR THE SHARES MUST ACCOMPANY THIS FORM AND MUST BE MADE IN UNITED STATES DOLLARS BY (I) CHECK OR BANK DRAFT DRAWN UPON A UNITED STATES BANK OR POSTAL, TELEGRAPHIC OR EXPRESS MONEY ORDER PAYABLE TO “AMERICAN STOCK TRANSFER & TRUST COMPANY, AS SUBSCRIPTION AGENT”; (II) WIRE TRANSFER OF IMMEDIATELY AVAILABLE FUNDS TO THE ACCOUNT MAINTAINED BY AMERICAN STOCK TRANSFER & TRUST COMPANY FOR PURPOSES OF ACCEPTING SUBSCRIPTIONS IN THE RIGHTS OFFERING AT JPMORGAN CHASE BANK, 55 WATER STREET, NEW YORK, NEW YORK 10005, ABA #021-000021, ACCOUNT # 323-836909. STOCK CERTIFICATES FOR THE SHARES SUBSCRIBED TO PURSUANT TO THE RIGHTS OFFERING WILL BE DELIVERED AS SOON AS PRACTICABLE AFTER THE EXPIRATION DATE. ANY REFUND IN CONNECTION WITH YOUR SUBSCRIPTION WILL BE DELIVERED AS SOON AS PRACTICABLE THEREAFTER. FOR INSTRUCTIONS ON THE USE OF EXIDE TECHNOLOGIES SUBSCRIPTION CERTIFICATES CONSULT GEORGESON SHAREHOLDER COMMUNICATIONS INC., (888) 605-7606, OR YOUR BANK OR BROKER WITH QUESTIONS.