EXHIBIT 4.1 INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE CUSIP NO. 053605 10 1 NUMBER SHARE Avery Communications, Inc. PAR VALUE $.01 PER SHARE THIS CERTIFIES THAT MEWS, INC. IS THE RECORD HOLDER OF **FORTY THREE THOUSAND ONE HUNDRED EIGHTY FOUR** -- Shares of AVERY COMMUNICATIONS, INC. Common Stock -- Transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until 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: 10/27/98 AVERY COMMUNICATIONS, INC. CORPORATE SEAL 1997 DELAWARE ***** /S/ Scot McCormick /S/ Patrick Haynes - ---------------------------- ----------------------------- SECRETARY CHAIRMAN NOTICE: Signature must be guaranteed by a firm which is a member of a registered national stock exchange, or by a bank (other than a savings bank), or a trust company. The following abbrevations, 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 - Custodian TEN ENT - as tenants by the entirety (Cust) (Minor) JT TEN - as joint tenants with right of under Uniform Gifts to Minors survivorship and not as tenants ACT.......................... in common (State) Additional abbreviations may also be used though not in the above list. For Value Received, ___________ hereby sells, assigns and transfers 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 capital 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 WHATEVER "The shares represented by this certificate have not been registered under the Securities Act of 1933, as amended (the "Act"). Such shares have been acquired for investment and may not be publicly offered or sold in the absence of (1) an effective registration statement for such shares under the Act; (2) opinion of counsel to the Company prior to any proposed transfer to the effect that registration is not required under the Act; or (3) a letter presented to the Company, prior to any proposed transfer, from the staff of the Securities and Exchange Commission to the effect that it will not take any enforcement action if the proposed tranfer is made without registration under the Act"