[reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this page shall not be deemed to be "filed" for the purpose of Section 18 of the the liabilities of that]
[CUSIP No.647581107 13G Page 3 of 8 Pages -------------------------------------------------------------------------------- 1. NAME OF REPORTING PERSON: I.R.S. IDENTIFICATION NO. OFOVE PERSON: Morgan Stanley Investment Management I.R.S. #13-3040307 -------------------------------------------------------------------------------- 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A: (a) [ ] (b) [ ] -------------------------------------------------------------------------------- 3. SEC USE ONLY: -------------------------------------------------------------------------------- 4. CITIZENSHIP OR PLACE OF ORGANIZATION: The]
[* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed]
[reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this page shall not be deemed to be "filed" for the purpose of Section 18 of the the liabilities of that]
[* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed]
[2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) x 3 SEC USE ONLY 4 CITIZENSHIP OR PLACE OF ORGANIZATION NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH 5 0 SOLE VOTING POWER 6 SHARED VOTING POWER 7 SOLE DISPOSITIVE POWER 8 SHARED DISPOSITIVE POWER 9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH 10]
[FORM 10-Q (Mark One) [ X ] For the quarterly period ended: December 31, 2010 [ ] For the transition period from _____________ to _____________ CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of incorporation (I.R.S. Employer Identification No.) or organization) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 Peoples Republic of China] [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] [2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.] [2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. (Principal Financial and Accounting Officer)] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Main articles: Contract number: 81001201013170001; Maximum amount of credit facilities to be provided: RMB 500 million; Term: from November 15, 2010 to November 10, 2011; Purpose of the loan is to provide working capital for the Company; Interest rate will be determined in each loan agreement to be signed under] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: 81010120100000600; Loan principal: RMB 75 million; Loan term: from December 22, 2010 to December 21, 2011; Floating interest rate: Interest rate of loan shall be 95% of the benchmark rate announced by the Peoples Bank of China, and be adjusted every 3 months; Interest accrued] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Main contents: Guaranty Contract number: 81100520100000217; Xiangqian Li, BAK International Limited and BAK International (Tianjin) Limited undertake to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s indebtedness towards Agricultural Bank of China under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 81001201013170001) from] [Summary of Mortgage Contract of Maximum Amount ( the Contract) Entered into by Main contents: Contract number In order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd. (the Obligor) towards the Creditor under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 81001201013170001) from November 15, 2010 to November 10, 2011, the Mortgager agrees to pledge its] [Summary of Loan Agreement Entered into by and between BAK International Main contents Contract number: DLLJin 201010270023; Loan principal: RMB 40 million; Loan term: from October 27, 2010 to October 26, 2011; Floating interest rate: annually 6.116%, rate adjustment in one month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main articles: Contract number: 2010 Zhenzhongyin Gangjiezi 00011; Loan principal: RMB 50 million; Loan Term: from November 9, 2010 to November 9, 2011; Floating interest rate: Interest rate of loan shall be 95% of the benchmark rate announced by the Peoples Bank of China, and be adjusted every 3]
[2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) x 3 SEC USE ONLY 4 CITIZENSHIP OR PLACE OF ORGANIZATION NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH 5 0 SOLE VOTING POWER 6 SHARED VOTING POWER 7 SOLE DISPOSITIVE POWER 8 SHARED DISPOSITIVE POWER 9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH 10]
[LONG OF 12/31/10 long13gadec10.txt 1 13G/A]
[FORM 10-Q (Mark One) [ X ] For the quarterly period ended: December 31, 2010 [ ] For the transition period from _____________ to _____________ CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of incorporation (I.R.S. Employer Identification No.) or organization) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 Peoples Republic of China] [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] [2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.] [2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. (Principal Financial and Accounting Officer)] [Comprehensive Credit Facility Agreement of Maximum Amount (Credit Facility Agreement) Main articles: Contract number: 81001201013170001; Maximum amount of credit facilities to be provided: RMB 500 million; Term: from November 15, 2010 to November 10, 2011; Purpose of the loan is to provide working capital for the Company; Interest rate will be determined in each loan agreement to be signed under] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: 81010120100000600; Loan principal: RMB 75 million; Loan term: from December 22, 2010 to December 21, 2011; Floating interest rate: Interest rate of loan shall be 95% of the benchmark rate announced by the Peoples Bank of China, and be adjusted every 3 months; Interest accrued] [Summary of Guaranty Contract of Maximum Amount ( the Contract) Main contents: Guaranty Contract number: 81100520100000217; Xiangqian Li, BAK International Limited and BAK International (Tianjin) Limited undertake to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s indebtedness towards Agricultural Bank of China under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 81001201013170001) from] [Summary of Mortgage Contract of Maximum Amount ( the Contract) Entered into by Main contents: Contract number In order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd. (the Obligor) towards the Creditor under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 81001201013170001) from November 15, 2010 to November 10, 2011, the Mortgager agrees to pledge its] [Summary of Loan Agreement Entered into by and between BAK International Main contents Contract number: DLLJin 201010270023; Loan principal: RMB 40 million; Loan term: from October 27, 2010 to October 26, 2011; Floating interest rate: annually 6.116%, rate adjustment in one month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main articles: Contract number: 2010 Zhenzhongyin Gangjiezi 00011; Loan principal: RMB 50 million; Loan Term: from November 9, 2010 to November 9, 2011; Floating interest rate: Interest rate of loan shall be 95% of the benchmark rate announced by the Peoples Bank of China, and be adjusted every 3]
