CBAK [CHINA BAK BATTERY] 10-Q: FORM 10−Q (Mark One) March 31, 2011 For
[FORM 10−Q (Mark One) March 31, 2011 For the quarterly period ended: For the transition period from _____________ to _____________ 001-32898 CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 Peoples Republic of China (86-755) 8977-0093 ____________________________________________________________________________ (Former] [CERTIFICATIONS I, Xiangqian Li, certify that: 1. I have reviewed this quarterly report on Form 10-Q of China BAK Battery, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements] [CERTIFICATIONS I, Ke Marcus Cui, certify that: 1. I have reviewed this quarterly report on Form 10-Q of China BAK Battery, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such] [OF THE SARBANES-OXLEY ACT OF 2002 2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. Xiangqian Li Chief Executive Officer] [OF THE SARBANES-OXLEY ACT OF 2002 2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. Ke Marcus Cui Interim Chief Financial Officer (Principal Financial and Accounting Officer)] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Entered into by and between Shenzhen BAK Battery Co., Ltd (the Company) and Shenzhen Hi-Tech District Branch, Industrial Bank CO. Ltd (the Creditor) Dated December 26, 2010 Main articles: Contract number: Xingyinshen Gaoxinqu Shouxinzi(2010)013; Maximum amount of credit facilities to be provided: RMB 62.5 million; Term: from December 26, 2010] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. Main contents Contract number: Xingyinshen Gaoxinqu Shouxinduanjiezi(2010)021; Loan principal: RMB 50 million; Loan term: from January 19, 2011 to December 10, 2011; Fixed interest rate: annually 6.391%; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty interest rate] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between BAK International Limited (the Guarantor) and Shenzhen Hi-Tech District Branch, Industrial Bank CO. Ltd (the Creditor) on December 26, 2010 Main contents: Guaranty Contract number: Xingyinshen Gaoxinqu Shouxin (baozheng)zi(2010)013; BAK International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between BAK International (Tianjin) Ltd. (the Guarantor) and Shenzhen Hi-Tech District Branch, Industrial Bank CO. LTD (the Creditor) on December 26, 2010 Main contents: Guaranty Contract number: Xingyinshen Gaoxinqu Shouxin (baozheng)zi(2010)014; BAK International (Tianjin) Ltd. undertakes to assume joint and several liabilities for Shenzhen BAK Battery] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by Main contents: Guaranty Contract number: Xingyinshen Gaoxinqu Shouxinge(baozheng)zi(2010)016; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s indebtedness towards Industrial Bank under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: Xingyinshen Gaoxinqu Shouxinzi (2010)013) from December 26,] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Entered into by and between BAK International (Tianjin) Limited (the Company) and Tianjin Branch, Bank of Dalian (the Creditor) Dated October 27, 2010 Main articles: Contract number: DLQ Jin201010270014; Maximum amount of credit facilities to be provided: RMB 80 million; Term: from October 27, 2010 to January 26, 2012; Purpose] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between Shenzhen BAK Battery Co., Ltd, Xiangqian Li (the Guarantor) and Tianjin Branch, Bank of Dalian (the Creditor) on October 27, 2010 Main contents: Guaranty Contract number: DLQ Jin201010270014; Shenzhen BAK Battery Co., Ltd and Xiangqian Li undertake to assume joint and several liabilities for BAK] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Entered into by and between Shenzhen BAK Battery Co., Ltd (the Company) and Shenzhen Longgang Branch, Shenzhen Development Bank (the Creditor) Dated January 20, 2011 Main articles: Contract number: Shenfa Longgang Zongzi 20110120001; Maximum amount of credit facilities to be provided: RMB 200 million; Term: from January 26, 2011 to] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (the Company) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the Creditor) on August 4, 2010 Main contents: Contract number: Shenfa Longgang Daizi 20100803001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzi 20091221001; Loan principal: RMB 20 million; Loan term: from August] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (the Company) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the Creditor) on January 25, 2011 Main contents: Contract number: Shenfa Longgang Daizi 20110125001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzi 20110120001; Loan principal: RMB 70 million; Loan term: from January] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (the Company) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the Creditor) on January 30, 2011 Main contents: Contract number: Shenfa Longgang Daizi 20110130001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzi 20110120001; Loan principal: RMB 60 million; Loan term: from January] [Summary of Mortgage Contract of Maximum Amount ( the Contract) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the Mortgager) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the Creditor) on January 20, 2011 Main contents: Contract number In order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd. (the Obligor) towards the Creditor under the Comprehensive] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between BAK International Limited (the Guarantor ) and Longgang Branch, Shenzhen Development Bank (the Creditor) on January 21, 2011 Main contents: Guaranty Contract number: Shenfa Longgang Ebaozi 20110120001-1; Bak International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between BAK International (Tianjin) Limited (the Guarantor ) and Longgang Branch, Shenzhen Development Bank (the Creditor) on January 21, 2011 Main contents: Guaranty Contract number: Shenfa Longgang Ebaozi 20110120001-3; Bak International (Tianjin) Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between Mr. Li Xiangqian (the Guarantor ) and Longgang Branch, Shenzhen Development Bank (the Creditor) on January 21, 2011 Main contents: Guaranty Contract number: Shenfa Longgang Ebaozi 20110120001-2; As guarantor, Mr. Li Xiangqian undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between Shenzhen BAK Battery Co., Ltd, (the Guarantor) and Tianjin Branch Shanghai Pudong Development Bank (the Creditor) on November 30, 2010 Main contents: Guaranty Contract number: ZB7703201088020401; Maximum amount of loan to be provided: RMB 30 million; Term: from November 30, 2010 to October 25, 2011;] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (the Company) and Shenzhen Eastern Branch, Agricultural Bank of China (the Creditor) dated January 11, 2011 Main contents Contract number: 81010120110000034; Loan principal: RMB 50 million; Loan term: from January 11, 2011 to January 11, 2012; Floating interest rate: Interest rate of loan shall be equal] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (the Company) and Shenzhen Eastern Branch, Agricultural Bank of China (the Creditor) dated January 18, 2011 Main contents Contract number: 81010120110000067; Loan principal: RMB 50 million; Loan term: from January 18, 2011 to January 18, 2012; Floating interest rate: Interest rate of loan shall be equal]