[FORM 10–Q (Mark One) For the quarterly period ended: March 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 (86-755) 8977-0093 _____________________________________________________ Large accelerated filer [ ] Accelerated filer [X] Non-accelerated filer [ ] (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, 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] [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)] [No. 4403236012009020660 Loan Agreement Type: Fixed assets loan Purpose: Constructing BAK Battery R&D Centre Borrower: Shenzhen BAK Battery Co., Ltd. Lender: China Development Bank Borrower: Shenzhen BAK Battery Co., Ltd. Address: BAK Industry Park, Kuichong Street, Longgang District, Shenzhen City. Legal Representative: Xiangqian Li Postcode: 518119 Handling Person: Jin Zhu Telephone: 0755-89770025 Fax: 0755-89770527 Lender: China Development Bank Address: No] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: (2010) Shenyinsun daizi 005; Loan principal: RMB 50 million; Loan term: from February 2, 2010 to May 2, 2010; Floating interest rate: 4.374%, rate adjustment in line with benchmark interest rate adjustment of The People’s Bank of China; Penalty interest rate for delayed repayment: 4.374%] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: (2010) Shenyinsun daizi 006; Loan principal: RMB 50 million; Loan term: from February 4, 2010 to May 4, 2010; Floating interest rate: 4.86%, rate adjustment in line with benchmark interest rate adjustment of The People’s Bank of China; Penalty interest rate for delayed repayment: 4.86%] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Main articles: Contract number: 2010 Zhenzhongyin Gangjiezi 00007; Loan principal: RMB 150 million; Loan Term: from March 10, 2010 to March 11, 2011; Interest rate: fixed at 5.31%; th Interest accrued and settled per month, interest settlement day is the 20 Penalty interest rate for delayed repayment: 5.31%] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit th , 2010 Main articles: Contract number: 2010 Zhenzhongyin Gang Exiezi 000119; Maximum amount of credit facilities to be provided: RMB 450 million; Term: from March 4, 2010 to March 4, 2011. Purpose of the loan is to provide working capital for the Company; In the event of occurrence of any of] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered th , 2010 Main contents: Guaranty Contract number: 2010 Zhenzhongyin Gang EBaozi000119-2; Bak International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards Bank of China under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 2010 Zhenzhongyin Gang] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered th , 2010 Main contents: Guaranty Contract number: 2010 Zhenzhongyin Gang EBaozi 000119-1; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards Bank of China under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 2010 Zhenzhongyin Gang] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into th , 2010 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.: 2010Zhenzhongyin Gang Exiezi 000119) from March 4, 2010 to March 4, 2011, the] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: Xingyinshen Gaoxinqu Shouxinduanjiezi(2009)021; Loan principal: RMB 50 million; Loan term: from January 6, 2010 to December 31, 2010; Fixed interest rate: annually 4.779%; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty interest rate for delayed repayment:] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: 81101201000000105; Loan principal: RMB 50 million; Loan term: from January 21, 2010 to January 21, 2011; Floating interest rate: annually 5.31%, rate adjustment in a 3-month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty interest] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: 81101201000000114; Loan principal: RMB 50 million; Loan term: from January 22, 2010 to January 22, 2011; Floating interest rate: annually 5.31%, rate adjustment in a 3-month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty interest] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. Main contents Contract number: 81101201000000018; Loan principal: RMB 75 million; Loan term: from January 6, 2010 to January 6, 2011; Floating interest rate: annually 5.31%, rate adjustment in a 3-month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered Main contents: Guaranty Contract number: Bojinfen Zuigaobao(2010)4; Shenzhen BAK Battery Co., Ltd undertakes to assume joint and several liabilities for BAK International (Tianjin) Limited (the “Obligor”)’s indebtedness towards China Bohai Bank under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: Bojin Fenzong (2010)2) from January 19, 2010] [Comprehensive Credit Facility Agreement of Maximum Amount Main articles: Contract number: Bojin Fenzong(2010)2; Maximum amount of credit facilities to be provided: RMB 100 million; Term: from January 19, 2010 to January 19, 2011. Purpose of the loan is to provide working capital for the Company; In the event of occurrence of any of the following during the term of loan,] [Summary of Loan Agreement Entered into by and between BAK International Main articles: Contract number: Bojin Fenduanqi (2010)7; Loan principal: RMB 40 million; Loan Term: from January 19, 2010 to January 18, 2011; Floating interest rate: Interest rate of loan shall be equal to the benchmark rate announced by the People’s Bank of China, and be adjusted annually; th Interest] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. Main contents: Contract number: Shenfa Longgang Daizi 20091230002; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzidi 20091221001; Loan principal: RMB 60 million; Loan term: from January 4, 2010 to January 4 , 2011; Floating interest rate: Interest rate of loan shall be] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. Main contents: Contract number: Shenfa Longgang Daizi 20100127001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzidi 20091221001; Loan principal: RMB 70 million; Loan term: from February 3, 2010 to February 3 , 2011; Floating interest rate: Interest rate of loan shall be]