[China BAK Reports First Quarter Fiscal Year 2011 Financial Results Shenzhen, China January 28, 2011 Recent Achievements and Highlights Revenue increased 26.5% year-over-year and 14.3% quarter on quarter (Q1 2011 compared to Q4 2010) Revenues from high-power batteries more than tripled sequentially in Q1 2011 due to robust demand for batteries used in Energy Storage Solutions Gross margin improved]
[SCHEDULE 14A Check the appropriate box: [ ] Preliminary Proxy Statement CHINA BAK BATTERY, INC. ________________________________________________________ Payment of Filing Fee (Check the appropriate box): (1) Title of each class of securities to which transaction applies: (2) Aggregate number of securities to which transaction applies: (3) (4) Proposed maximum aggregate value of transaction: (5) Total fee paid: [ ] Fee paid]
[INDEMNIFICATION AGREEMENT RECITALS AGREEMENT Generally 2 Successful Defense; Partial Indemnification 3 Determination That Indemnification Is Proper] [EMPLOYMENT AGREEMENT Agreement” Empl oyee” RECITALS A. The Company has appointed the Employee as its Interim Chief Financial Officer and the Employee has accepted such appointment for the term of Employment (as defined below). B. In connection with such appointment, the Company and the Employee desire to enter into this Agreement setting forth the terms and conditions of the Employment.]
[INDEMNIFICATION AGREEMENT RECITALS AGREEMENT Generally 2 Successful Defense; Partial Indemnification 3 Determination That Indemnification Is Proper] [EMPLOYMENT AGREEMENT Agreement” Empl oyee” RECITALS A. The Company has appointed the Employee as its Interim Chief Financial Officer and the Employee has accepted such appointment for the term of Employment (as defined below). B. In connection with such appointment, the Company and the Employee desire to enter into this Agreement setting forth the terms and conditions of the Employment.]
[FORM 10-K [X] [ ] CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification Number) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 Peoples Republic of China (86) 755-8977-0093 Name of Each Exchange on Which Registered: Common Stock, $0.001 par value The NASDAQ Stock Market LLC (NASDAQ] [] [CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statements (No.333-148253, No.333-151678 and No. 333-151985) on Form S-3 and the Registration Statements (No. 333-137747, No. 333-153649 and No. 333-153650) on Form S-8 of China BAK Battery, Inc. (the "Company") of our report dated December 14, 2010, relating to the Company's consolidated financial statements] [CERTIFICATION I, Xiangqian Li, certify that: 1. I have reviewed this annual report on Form 10-K 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] [CERTIFICATION I, Ke Marcu Cui, certify that: 1. I have reviewed this annual report on Form 10-K 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] [(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. President and Chief Executive Officer December 14, 2010] [(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. Interim Chief Financial Officer December 14, 2010] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Main articles: Contract number: 4431702010LE00000400; Maximum amount of credit facilities to be provided: RMB 50 million; Term: from June 28, 2010 to June 28, 2011; Purpose of the loan is to provide working capital for the Debtor; In the event of occurrence of any of the following during the term] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) into by and between BAK International (Tianjin) Limited (the “Guarantor”) and Shenzhen Caitian Branch, Bank of Communications (the “Creditor”) on June 28, 2010 Main contents: Guaranty Contract number: 4431702010B100000400; Bak International (Tianjin) Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards] [Summary of Guaranty Contract of Maximum Amount ( the "Contract") Entered Main contents: Guaranty Contract number: 4431702010B100000401; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the "Obligor")s indebtedness towards Bank of Communications under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 4431702010LE00000400) from June 28, 2010 to June 28, 2011, and] [Comprehensive Credit Facility Agreement of Maximum Amount Main articles: Contract number: ZH78241008004; Maximum amount of credit facilities to be provided: RMB 120 million, including RMB 40 million for bank acceptance and RMB 80 million for discount on notes; Term: from November 8, 2010 to November 8, 2011; Purpose of the credit is to provide working capital for the Company; In] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Main contents: Guaranty Contract number: GB78241008004-1; Bak International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards China Everbright Bank under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: ZH78241008004) from November 8, 2010 to November 8, 2011, and] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between Xiangqian Li(the Guarantor) and Shenzhen Nanshan Branch, China Everbright Bank (the Creditor) Dated August 31, 2010 Main contents: Guaranty Contract number: GB78241008004-2; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s indebtedness towards China Everbright Bank under] [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]
[FORM 10-K [X] [ ] CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification Number) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 Peoples Republic of China (86) 755-8977-0093 Name of Each Exchange on Which Registered: Common Stock, $0.001 par value The NASDAQ Stock Market LLC (NASDAQ] [] [CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statements (No.333-148253, No.333-151678 and No. 333-151985) on Form S-3 and the Registration Statements (No. 333-137747, No. 333-153649 and No. 333-153650) on Form S-8 of China BAK Battery, Inc. (the "Company") of our report dated December 14, 2010, relating to the Company's consolidated financial statements] [CERTIFICATION I, Xiangqian Li, certify that: 1. I have reviewed this annual report on Form 10-K 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] [CERTIFICATION I, Ke Marcu Cui, certify that: 1. I have reviewed this annual report on Form 10-K 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] [(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. President and Chief Executive Officer December 14, 2010] [(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. Interim Chief Financial Officer December 14, 2010] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Main articles: Contract number: 4431702010LE00000400; Maximum amount of credit facilities to be provided: RMB 50 million; Term: from June 28, 2010 to June 28, 2011; Purpose of the loan is to provide working capital for the Debtor; In the event of occurrence of any of the following during the term] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) into by and between BAK International (Tianjin) Limited (the “Guarantor”) and Shenzhen Caitian Branch, Bank of Communications (the “Creditor”) on June 28, 2010 Main contents: Guaranty Contract number: 4431702010B100000400; Bak International (Tianjin) Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards] [Summary of Guaranty Contract of Maximum Amount ( the "Contract") Entered Main contents: Guaranty Contract number: 4431702010B100000401; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the "Obligor")s indebtedness towards Bank of Communications under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 4431702010LE00000400) from June 28, 2010 to June 28, 2011, and] [Comprehensive Credit Facility Agreement of Maximum Amount Main articles: Contract number: ZH78241008004; Maximum amount of credit facilities to be provided: RMB 120 million, including RMB 40 million for bank acceptance and RMB 80 million for discount on notes; Term: from November 8, 2010 to November 8, 2011; Purpose of the credit is to provide working capital for the Company; In] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Main contents: Guaranty Contract number: GB78241008004-1; Bak International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards China Everbright Bank under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: ZH78241008004) from November 8, 2010 to November 8, 2011, and] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between Xiangqian Li(the Guarantor) and Shenzhen Nanshan Branch, China Everbright Bank (the Creditor) Dated August 31, 2010 Main contents: Guaranty Contract number: GB78241008004-2; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s indebtedness towards China Everbright Bank under] [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]
[PRESS RELEASE China BAK Reports Fourth Quarter and Fiscal Year 2010 Financial Results Shenzhen, China – November 30, 2010 – Recent Achievements and Highlights · Gross margin improved to 9.5% in the fourth quarter of fiscal 2010 from a gross loss in the previous quarter · Reported another quarter of positive cash flow of $4.5 million from operating activities, reflecting]
[FORM 10−Q (Mark One) x For the quarterly period ended: June 30, 2010 ¨ For the transition period from ____________ to _____________ CHINA BAK BATTERY, INC. Nevad a 88-0442833 (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification No.) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 People’s Republic of China (86-755) 8977-0093] [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, Jun Zou, 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] [OF THE SARBANES-OXLEY ACT OF 2002 Xiangqian Li Chief Executive Officer EX-32.1 5 v192577_ex32-1.htm] [OF THE SARBANES-OXLEY ACT OF 2002 Jun Zou Chief Financial Officer (Principal Financial and Accounting Officer) EX-32.2 6 v192577_ex32-2.htm] [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, Guangdong Development Bank ( the “ Creditor” ) Dated May 1 4 th , 20 10 Main contents Ø Contract number: 10204110099; Ø Maximum amount of credit facilities] [Comprehensive Credit Facility Agreement of Maximum Amount (“ Credit Facility Agreement” ) Entered into by and between Shenzhen BAK Battery Co., Ltd ( “ the Debtor ” ) and Shenzhen Branch, China Citic Bank ( the “ Creditor” ) Dated May 1 2 th , 20 10 Main articles: Ø Contract number: (2010) Shenyinsun Zongzi 004; Ø Maximum amount of] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Branch, China CITIC Bank Co., Ltd (“the Creditor”) dated June 11, 2010 Main contents Ø Contract number: (2010) Shenyinsun daizi 015; Ø Loan principal: RMB 40 million; Ø Loan term: from June 11, 2010 to June 11, 2011; Ø Floating interest rate:] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Branch, China CITIC Bank Co., Ltd (“the Creditor”) dated June 11, 2010 Main contents Ø Contract number: (2010) Shenyinsun daizi 013; Ø Loan principal: RMB 40 million; Ø Loan term: from June 11, 2010 to June 11, 2011; Ø Floating interest rate:] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between Xiangqian Li and Shenzhen Branch, China Citic Bank (the “Creditor”) on May 31, 2010 Main contents: Ø Ø Ø Ø Guaran t y Responsibility Ø S cope of G uaranty: Ø Guaranty period: Headlines of the articles omitted: Ø Ø Ø Ø Ø Ø Ø] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between BAK International Limited and Shenzhen Branch, China Citic Bank (the “Creditor”) in May 12, 2010 Main contents: Ø Ø Ø Guarant y Responsibility Ø S cope of G uaranty: Ø Guaranty period: Headlines of the articles omitted: Ø Ø Ø Ø Ø Ø Ø Ø] [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 May 21, 2010 Main contents Ø Contract number: 81101201000000603; Ø Loan principal: RMB 75 million; Ø Loan term: from May 21, 2010 to April 22, 2011; Ø Floating interest rate: annually 5.0445%, rate] [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 May 19, 2010 Main contents Ø Contract number: 81101201000000590; Ø Loan principal: RMB 60 million; Ø Loan term: from May 19, 2010 to April 20, 2011; Ø Floating interest rate: annually 5.0445%, rate] [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 May 17, 2010 Main contents Ø Contract number: 81101201000000575; Ø Loan principal: RMB 90 million; Ø Loan term: from May 17, 2010 to April 19, 2011; Ø Floating interest rate: annually 5.0445%, rate] [Summary of Loan Agreement Entered into by and between BAK International (Tianjin) Limited (“the Company”) and Tianjin Branch, Bank of Dalian (“the Creditor”) dated April 27, 2010 Main contents Ø Contract number: DLLJin 201006300077; Ø Loan principal: RMB 20 million; Ø Loan term: from April 27, 2009 to November 26, 2010; Ø Floating interest rate: annually 5.5755%, rate adjustment in]
[PRESS RELEASE China BAK Reports Third Quarter Fiscal Year 2010 Financial Results Shenzhen, China – July 28, 2010 ET Recent Achievements and Highlights · Increased revenues 31.0% year-over-year and 16.1% sequentially (Q3 2010 compared to Q2 2010); · Doubled revenues from high power batteries sequentially in Q3 2010 due to robust demand for batteries used in electric buses and electric]
[] [PRESS RELEASE China BAK to Present at Investor Conferences in U.S. Shenzhen, China - May 10, 2010 - Ninth Annual JMP Securities Research Conference Tuesday, May 11, 2010 Time: 9:30 a.m. PDT Location: The Ritz-Carlton, San Francisco Piper Jaffray Seventh Annual China Growth Conference Thursday, May 13, 2010 Time: 8:30 a.m. EDT Location: Le Parker Méridien New York China Rising]
