EX-4.1 2 w19542a4exv4w1.htm EX-4.1 exv4w1
 

Exhibit 4.1
The Company shall not be obligated to deliver registered shares of Common Stock with regard to the exercise of any Units in the absence of a current registration statement under the Securities Act of 1933, as amended, relating to the Common Stock or Warrants issuable thereunder. Units, and any Warrants issuable thereunder, may not be exercised by, or securities issued to, any registered holder in any state in which such exercise would be unlawful. In no event shall the Company be obligated to settle any Unit, or any Warrant issuable thereunder, in whole or in part, for cash. Notwithstanding any language to the contrary herein or in the Warrant Agreement, any and all Units and Warrants can expire unexercised or unredeemed.
SPECIMEN UNIT CERTIFICATE
NUMBER:                           UNITS:                    -U
        SEE REVERSE FOR
CERTAIN DEFINITIONS
ENERGY SERVICES ACQUISITION CORP.
CUSIP: 29271Q 20 2
UNIT
UNITS CONSISTING OF ONE SHARE OF COMMON STOCK AND TWO
WARRANTS EACH TO PURCHASE ONE SHARE OF COMMON STOCK
     THIS CERTIFIES THAT                                         is the owner of                                          Units.
     Each Unit (“Unit”) consists of one (1) share of common stock, par value $0.0001 per share (“Common Stock”), of Energy Services Acquisition Corp., a Delaware corporation (the “Company”), and two warrants (the “Warrants”). Each Warrant entitles the holder to purchase one (1) share of Common Stock for $5.00 per share (subject to adjustment). Each Warrant will become exercisable on the later of (i) the Company’s completion of a merger, capital stock exchange, asset acquisition or other similar business combination or (ii)                     , 2007 and will expire unless exercised before 5:00 p.m., New York City local time, on _________, 2011, or earlier upon redemption (the “Expiration Date”). The Common Stock and Warrants comprising the Units represented by this certificate are not transferable separately prior to                     , 2006, subject to earlier separation in the discretion of Ferris, Baker Watts, Incorporated. The terms of the Warrants are governed by a Warrant Agreement, dated as of                     , 2006, between the Company and Continental Stock Transfer & Trust Company, as Warrant Agent, and are subject to the terms and provisions contained therein, all of which terms and provisions the holder of this certificate consents to by acceptance hereof. Copies of the Warrant Agreement are on file at the office of the Warrant Agent at 17 Battery Place, New York, New York 10004, and are available to any Warrant holder upon written request and without cost. This certificate is not valid unless countersigned by the Transfer Agent and Registrar of the Company.
     Witness the facsimile seal of the Company and the facsimile signature of its duly authorized officers.
Dated:                                        
             
 
Chief Executive Officer
     
 
Secretary
   
ENERGY SERVICES ACQUISITION CORP.
CORPORATE SEAL
2006
DELAWARE

 


 

ENERGY SERVICES ACQUISITION CORP.
     The Company will furnish without charge to each stockholder who so requests, a statement of the powers, designations, preferences and relative, participating, optional or other special rights of each class of stock or series thereof of the Company 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 PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)
 
(PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE)
                                              Units represented by the within Certificate, and do hereby irrevocably constitute and appoint
                                              attorney to transfer the said Units on the books of the within named Company will 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) SHOULD 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).