Contract

by IDM Pharma
September 8th, 2005
 

(IDM CERTIFICATE)
SEE REVERSE FOR CERTAIN DEFINITIONS INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE CUSIP 4q9374 LO 5 FULLY PAID AND NONASSESSABLE SHARES OF COMMON STOCK, $.01 PAR VALUE, OF IDM Pharma, Inc. 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 valic’ Inti! ccxter;igr#ed by ,he Tralisfer Agent and registered by the Registrar. WITNESS the facsirrile ssal cf the Cor?cra:ion and the facsimile signatures of its duly authorized officers. Dated: VICE P~ESIDENTAND CHIEF FINANCIAL OFFICER CHIEF EXECUTIVE OFFICER

 


 

     The Corporation is authorized to issue Common Stock and Preferred Stock. The Board of Directors of the Corporation has 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 shares of Preferred Stock.
     The Corporation will furnish to any stockholder, upon request and without charge, 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, so far as the same shall have been fixed, and of the authority of the Board of Directors to designate and fix any preferences, rights and limitations of any wholly unissued series. Any such request should be addressed to the Secretary of the Corporation at its principal office.
     KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, OR DESTROYED, THE CORPORATION WILL REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT CERTIFICATE.
     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       under Uniform Gifts To Minors
 
      survivorship and not as tenants       Act.......................................................
 
      in common      
(State)
COM PROP
    as community property   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.
     For Value Received,_______________________________________________hereby sell(s), assign(s) and transfer(s) 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-in-fact
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
WHATSOEVER.
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.