EXHIBIT 4.01
Common Stock [Interactive Magic logo]
INCORPORATED UNDER THE LAWS
OF THE STATE OF NORTH CAROLINA
NUMBER Shares
IM ______________ _________________________
See Reverse for Certain Definitions
CUSIP 45838M 10 4
This Certifies that __________ is the owner of __________ fully paid and
non-assessable Shares of the Common Stock, Par Value $.10 per Share of
Interactive Magic, Inc. transferable on the books of the Corporation by the
holders hereof in person or by duly authorized attorney upon surrender of this
Certificate properly endorsed.
This Certificate is not valid unless countersigned by the Transfer
Agent and registered by the Registrar.
Witness the facsimile seal of the Corporation and the facsimile
signatures of its duly authorized officers.
Dated: __________
/s/ William H. Marks /s/ Robert L. Pickens
Secretary President
COUNTERSIGNED AND REGISTERED: TRANSFER AGENT AND REGISTRAR
WACHOVIA BANK, N.A.
By:______________________________
Authorized Signature
INTERACTIVE MAGIC, INC.
The record holder of this Certificate may obtain from the Secretary
of the Corporation, upon request and without charge, a full statement of the
designation, relative rights, preferences and limitations of the shares of each
class authorized to be issued and the designation, relative rights, preferences
and limitations of each series of preferred shares authorized to be issued so
far as the same have been fixed and the authority of the Board of Directors to
designate and fix the relative rights, preferences and limitations of other
series.
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
TEN ENT as tenants by the entirety
JT TEN as joint tenants with right of survivorship
UNIF TRANS MIN ACT ___________ Custodian ______________
(Cust) (Minor)
Under Uniform Transfers 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
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Please insert Social Security or other identifying number of assignee
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Please print or type/write name and address of assignee
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Shares
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of the Stock represented by the within Certificate, and do hereby irrevocably
constitute and appoint __________________ Attorney, to transfer the said shares
on the books of the within name Corporation with full power of substitution.
Dated, __________________
__________________
__________________
NOTICE: THE SIGNATURE(S) TO
THIS ASSIGNMENT MUST
CORRESPOND WITH THE
NAMES(S) 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, AS
DEFINED IN RULE 17A-15
UNDER THE SECURITIES AND
EXCHANGE ACT OF 1934, AS
AMENDED.
KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, OR DESTROYED, THE
CORPORATION MAY REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A
REPLACEMENT CERTIFICATE.