Exhibit 4.3


 


Form of Common Stock Certificate


 


NUMBER


 


BPC


 


BEACON POWER -TM-


 


BEACON POWER CORPORATION


THIS CERTIFICATE IS TRANSFERABLE IN CANTON, MA, JERSEY CITY, NJ


OR NEW YORK, NY


 


INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE


 


SHARES


 


COMMON STOCK


$ .01 PAR VALUE


 


CUSIP 073677 10 6


 


THIS CERTIFIES THAT


 


IS THE OWNER OF


 


FULLY PAID AND NON-ASSESSABLE SHARES, $ .01 PAR VALUE, OF THE COMMON STOCK OF


 


BEACON POWER CORPORATION TRANSFERABLE ON THE BOOKS OF THE CORPORATION IN PERSON OR BY ATTORNEY UPON SURRENDER OF THIS CERTIFICATE PROPERLY ENDORSED.  THIS CERTIFICATE AND THE SHARES REPRESENTED HEREBY ARE SUBJECT TO THE LAWS OF THE STATE OF DELAWARE AND TO THE CERTIFICATE OF INCORPORATION AND THE BY-LAWS OF THE CORPORATION AS FROM TIME TO TIME AMENDED.


 


THIS CERTIFICATE IS NOT VALID UNTIL COUNTERSIGNED AND REGISTERED BY THE TRANSFER AGENT AND REGISTRAR.


 


IN WITNESS WHEREOF, BEACON POWER CORPORATION HAS CAUSED ITS FACSIMILE CORPORATE SEAL AND THE FACSIMILE SIGNATURES OF ITS DULY AUTHORIZED OFFICERS TO BE HEREUNTO AFFIXED.


 


DATED:


 


 


Secretary


Beacon Power Corporation


CORPORATE


SEAL


1997


DELAWARE


 


 


 






 


 


PRESIDENT


 


SEE REVERSE FOR CERTAIN DEFINITIONS


 


COUNTERSIGNED AND REGISTERED:


 


EQUISERVE TRUST COMPANY, N.A.


 


TRANSFER AGENT AND REGISTRAR


 


BY


 


 


AUTHORIZED SIGNATURE






 






 


 


BEACON POWER CORPORATION


 


THE CORPORATION IS AUTHORIZED TO ISSUE MORE THAN ONE CLASS OF STOCK.  THE CORPORATION WILL FURNISH WITHOUT CHARGE TO EACH STOCKHOLDER WHO SO REQUESTS A COPY OF THE POWERS, DESIGNATIONS, PREFERENCES AND RELATIVE RIGHTS OF THE SHARES 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


TEN ENT - as tenants by the entireties


JT TEN - as joint tenants with right of survivorship and not as tenants in common


 



	
            UNIF GIFT MIN ACT - ________
 	
            Custodian ________
 
	
             
	
            (Cust)
 	
            (Minor)
 	
             

					



 


under Uniform Gifts 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



	
            (box)
 



 


 



	
            PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS 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.


 


Signature(s) Guaranteed:


 


 


THE SIGNATURE(S) MUST 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.


 


This certificate also evidences and entitles the holder hereof to certain rights as set forth in a Rights Agreement between Beacon Power Corporation and EquiServe Trust Company, N.A., dated as of September 25, 2002, as amended from time to time (the “Rights Agreement”), the terms of which are hereby incorporated herein by reference and a copy of which is on file at the principal executive offices of Beacon Power Corporation.  Under certain circumstances, as set forth in the Rights Agreement, such Rights will be evidenced by separate certificates and will no longer be evidenced by this certificate.  Beacon Power Corporation will mail to the holder of this certificate a copy of the Rights Agreement without charge after receipt of a written request therefor.  Under certain circumstances, as set forth in the Rights Agreement, Rights owned by or transferred to any Person who is or becomes as Acquiring
Person (as defined in the Rights Agreement) and certain transferees thereof will become null and void and will no longer be transferable.