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EXHIBIT 4.1
COMMON STOCK [LOGO] COMMON STOCK
[SYMBOL] [SYMBOL]
SPECTRX, INC.
SEE REVERSE FOR CERTAIN DEFINITIONS
INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE
CUSIP 847635 10 9
This Certifies that
is the owner of
FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, $.001 PAR VALUE, OF
SPECTRX, INC., INC. transferable on the Books of the Corporation by the
holder hereof in person or by duly authorized attorney upon the surrender of
this Certificate properly endorsed. This certificate is not valid unless
countersigned and registered by the Transfer Agent and Registrar.
IN WITNESS WHEREOF, the Corporation has caused its corporate seal
to be hereto affixed and the Certificate to be signed by its duly authorized
officers of the Corporation.
Dated:
/s/ Mark A. Samuels Countersigned and Registered:
- -----------------------------------------
PRESIDENT AND CHIEF EXECUTIVE OFFICER CORPORATE SUNTRUST BANK,
ATLANTA
SEAL Transfer Agent and Registrar
/s/ Thomas H. Muller, Jr. By:
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SECRETARY Authorized Signature
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The Corporation is authorized to issue two classes of stock, Common
Stock and Preferred Stock. The Board of Directors of the Corporation has the
authority to fix the number of shares and the designation of any series of
Preferred Stock and to determine or alter the rights, preferences, privileges
and restrictions granted to or imposed upon any unissued series of Preferred
Stock.
A statement of the rights, preferences, privileges and restrictions
granted to or imposed upon the respective classes or series of shares and upon
the holders thereof as established, from time to time, by the Certificate of
Incororation of the Corporation and by any certificate of determination, the
number of shares constituting each class and series, and the designations
thereof, may be obtained by the holder hereof upon request and without charge
from the Corporation at its principal office.
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 _________________Custodian_____________________
ACT ________
TEN ENT as tenants by the entireties (Cust)
(Minor)
JT TEN as joint tenants with right of under Uniform Gifts to Minors
survivorship and not as tenants Act________________________________
in common (State)
UNIF TRF MIN ______________________ Custodian (until
ACT 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 unto
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE
- ------------------------------
- ------------------------------
________________________________________________________________________________
(PLEASE PRINT OR TYPE 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_______________________________
X
________________________________________________
X
________________________________________________
THE SIGNATURE(S) TO THIS ASSIGNMENT MUST
NOTICE: CORRESPOND WITH THE NAME(S) AS WRITTEN UPON
THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR,
WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE
WHATEVER.
Signature(s) Guaranteed:_______________________________________
THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN
ELIGIBLE GUARANTOR
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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.