[FORM 10-Q (Mark One) For the quarterly period ended: December 31, 2009 For the transition period from ____________ to _____________ Commission File No. 001-32898 CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) BAK Industrial Park (86-755) 8977-0093 _____________________________________________________ Large Accelerated Filer [ ] Accelerated Filer [X] (Do not check if] [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, Tony Shen, 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 This Certification accompanies the Form 10-Q for the quarterly period ended December 31, 2009, of China BAK Battery, Inc. 1. 2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Chief Executive Officer Chief Financial Officer (Principal Financial 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 25, 2009 Main articles: Contract number: Xingyinshen Gaoxinqu Shouxinzi(2009)008; Maximum amount of credit facilities to be provided: RMB 62.5 million; Term: from December 31, 2009] [Summary of Guaranty Contract of Maximum Amount ( the "Contract") Entered into by and between Xiangqian Li (the "Guarantor") and Shenzhen Hi-Tech District Branch, Industrial Bank CO. Ltd (the "Creditor") on December 15, 2009 Main contents: Guaranty Contract number: Xingyinshen Gaoxinqu Shouxinge(baozheng)zi(2009)002; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the "Obligor")’s indebtedness] [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 25, 2009 Main contents: Guaranty Contract number: Xingyinshen Gaoxinqu Shouxin (baozheng)zi(2009)006; 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 25, 2009 Main contents: Guaranty Contract number: Xingyinshen Gaoxinqu Shouxin (baozheng)zi(2009)005; BAK International (Tianjin) Ltd. undertakes to assume joint and several liabilities for Shenzhen BAK Battery] [Comprehensive Credit Facility Agreement of Maximum Amount ("Credit Facility Agreement") Entered into by and between Shenzhen BAK Battery Co., Ltd ("the Debtor") and Shenzhen Eastern Branch, Agricultural Bank of China (the "Creditor") Dated November 26, 2009 Main articles: Contract number: 81001200913170001; Maximum amount of credit facilities to be provided: RMB 550 million; Term: from November 26, 2009 to October 22,] [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 November 18, 2009 Main contents Contract number: 81101200900002205; Loan principal: RMB 90 million; Loan term: from November 18, 2009 to May 17, 2010; Floating interest rate: annually 4.86%, rate adjustment in a 3-month] [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 November 20, 2009 Main contents Contract number: 81101200900002212; Loan principal: RMB 60 million; Loan term: from November 20, 2009 to May 19, 2010; Floating interest rate: annually 4.86%, rate adjustment in a 3-month] [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 November 24, 2009 Main contents Contract number: 81101200900002228; Loan principal: RMB 75 million; Loan term: from November 24, 2009 to May 21, 2010; Floating interest rate: annually 4.86%, rate adjustment in a 3-month] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between Xiangqian Li, BAK International Limited, BAK International (Tianjin) Limited (the “Guarantor”) and Shenzhen Eastern Branch, Agricultural Bank of China (the “Creditor”) Dated November 26, 2009 Main contents: Guaranty Contract number: 81905200900000434; Xiangqian Li, BAK International Limited and BAK International (Tianjin) Limited undertake to assume joint] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Shenzhen Eastern Branch, Agricultural Bank of China (the “Creditor”) Dated November 26, 2009 Main contents: Contract number In order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards the Creditor under the Comprehensive] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Entered into by and between Shenzhen BAK Battery Co., Ltd (“the Debtor”) and Shenzhen Longgang Branch, Shenzhen Development Bank (the “Creditor”) Dated December 21, 2009 Main articles: Contract number: Shenfa Longgang Zongzi 20091221001; Maximum amount of credit facilities to be provided: RMB 200 million; Term: from December 31, 2009 to] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) Dated November 6, 2009 Main articles: Contract number: (2009)Zhenzhongyin Ganghuilizi 071; Loan principal: JPY 58,584,000; Loan Term: from November 6, 2009 to November 6, 2010; Interest rate: fixed at 0.74375%; ■ Interest settlement day is] [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 December 31, 2009 Main contents: Contract number: Shenfa Longgang Daizi 20091230001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzidi 20091221001; Loan principal: RMB20 million; Loan term: from December 31,] [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 December 21, 2009 Main contents: Guaranty Contract number: Shenfa Longgang Ebaozi 20091221001-1; 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 Mr. Li Xiangqian (the “Guarantor” ) and Longgang Branch, Shenzhen Development Bank (the “Creditor”) on December 21, 2009 Main contents: Guaranty Contract number: Shenfa Longgang Ebaozi 20091221001-2; As guarantor, Mr. Li Xiangqian undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd] [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 December 21, 2009 Main contents: Contract number In order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards the Creditor under the Comprehensive] [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 November 27, 2009 Main articles: Contract number: DLQ Jin200911160032; Maximum amount of credit facilities to be provided: RMB 80 million; Term: from November 27, 2009 to November 26, 2010; Purpose] [Summary of Loan Agreement Entered into by and between BAK International (Tianjin) Limited (“the Company”) and Tianjin Branch, Bank of Dalian (“the Creditor”) dated November 27, 2009 Main contents Contract number: DLLJin 200911270025; Loan principal: RMB 20 million; Loan term: from November 27, 2009 to November 26, 2010; Floating interest rate: annually 5.31%, rate adjustment in one month cycle; Interest] [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 Dalin (the “Creditor”) on November 27, 2009 Main contents: Guaranty Contract number: DLQ Jin200911160032; Shenzhen BAK Battery Co., Ltd and Xiangqian Li undertake to assume joint and several liabilities for BAK] [Summary of Loan Agreement Entered into by and between BAK International (Tianjin) Limited (“the Company”) and Tianjin Branch, Shanghai Pudong Development Bank (the “Creditor”) Dated October 9, 2009 Main articles: Contract number: 77032009280036; Loan principal: RMB 10 million; Loan Term: from October 9, 2009 to October 8, 2010; Interest rate: fixed at 5.31%; Interest accrued and settled per quarter, interest] [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 September 28, 2009 Main contents: Guaranty Contract number: ZB7703200988020601; Maximum amount of loan to be provided: RMB 30 million; Term: from September 28, 2009 to August 31, 2010;]