Speciment Common Stock Certificate



 EXHIBIT 4.1 
  

COMMON STOCK 
 SHARES 

NUMBER 
 HTC- 
  
 HealtheTech, Inc. 
  
 INCORPORATED UNDER THE LAWS OF THE 
 STATE OF DELAWARE 
  

	 	 	 	 	 See reverse for certain definitions
  

	 	 	 	 	
 CUSIP 422210 30 2



  

	This Certifies that	 	is the owner of

  
 FULLY PAID AND
NON-ASSESSABLE SHARES OF COMMON STOCK OF $0.001 PAR VALUE OF 
  

	
	 	HealtheTech, Inc.	 	


  
 (herein called the
“Corporation”), transferable on the books of the Corporation by the holder hereof in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid unless countersigned and
registered by the Transfer Agent and Registrar. 
  
 WITNESS
the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. 
  
 Dated: 
  

	SECRETARY	 	CHAIRMAN AND CHIEF EXECUTIVE OFFICER

  
 Countersigned and Registered:

 AMERICAN STOCK TRANSFER & TRUST COMPANY 
 NEW
YORK, N.Y. 
 Transfer Agent and Registrar 
  
 By 
 Authorized OFFICER 
  

  
 HealtheTech, Inc. 
  
 A statement of the powers, designations, preferences and relative, participating, optional or other special rights of each class of stock or series
thereof and the qualifications, limitations or restrictions of such preferences and/or rights as established, from time to time, by the Certificate of Incorporation 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 at the principal office of the Corporation. 







 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
 ACT—
	 	...........................	 	Custodian	 	...........................
	 TEN ENT
	 	—	 	as tenants by the entireties	 	 	 	          (Cust)	 	 	 	(Minor)        
	 JT TEN
	 	—	 	 as joint tenants with right of
 survivorship and not as tenants in common
	 	 	 	under Uniform Gifts to Minors
	 COM
 PROP
	 	—	 	as community property	 	 	 	Act...........................
	 	 	 	 	 	 	 	  (State)
	 	 	 	 	 	 	 UNIF TRF MIN
 ACT—
	 	...........................	 	 Custodian (until
 age.................)

	 	 	 	 	 	 	 	 	 	 	(Cust)
	 	 	 	 	 	 	 	 	........................... under Uniform Transfers
	 	 	 	 	 	 	 	 	                                (Minor)
	 	 	 	 	 	 	 	 	 to Minors Act ...........................
 (State)                    


  
 Additional
abbreviations may also be used though not in the above list. 
  
                                       
                                        
                                        
                                        
                                        
                         
  
                                       
                                        
                               

	  
 PLEASE INSERT SOCIAL SECURITY OR
OTHER
 IDENTIFYING NUMBER OF ASSIGNEE
	 	 	 	 

                                       
                                        
                               

	 For value received
	 	 	 	                                      
                                        
                                        
                         	  	 hereby sell, assign
 and
transfer


 unto                                      
                                        
                                        
                                        
                                        
                 
 (Please print or typewrite name and
address including postal 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:                                     
                                   
	 	                                       
                                        
                              

	 	 	  
                                       
                                        
                              

	 	 	NOTICE: THE SIGNATURE(S) TO THIS ASSIGNMENT MUST 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 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. 
  
 KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, MUTILATED OR DESTROYED, THE CORPORATION WILL REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A
REPLACEMENT CERTIFICATE.