Common use of Offering Material Clause in Contracts

Offering Material. Subscriber represents and warrants that it is in receipt of and that it has carefully read the following items: (a) The Company's business plan , the form of which is attached hereto (the "Business Plan"); (b) The audited financial statement of Shenzhen BAK Battery Co., Ltd., the Company's wholly-owned subsidiary ("BAK") for the fiscal years ended September 30, 2003 and 2004. (c) The Exchange Agreement; (d) The Escrow Agreement; and (e) A draft of the Registration Statement. The documents listed in this Section 2 shall be referred to herein as the "Disclosure Documents."