Exhibit 10.59
Translation
APPLICATION LETTER FOR DRAWING OF BANK LOAN FACILITY
NO. JIE 2005 ZONG 1145042R-3
To: Shenzhen Branch, China Construction Bank
In accordance with the Comprehensive Credit Facility Agreement (No. Jie 2005
Zong 1145042R, hereinafter referred to as "Agreement") entered into by your
company and us, Shenzhen BAK Battery Co., Ltd., we'd like to apply for the
drawing of the loan facility under the Agreement.
One. We'd like to apply for the bank loan of RMB Thirty Million Yuan (RMB
30,000,000yuan).
Two. The term of this bank loan shall be six months.
Three. The purpose of this bank loan is for production working capital.
Four. Interest Rate and Interest
(1) Loan in RMB
1. Interest Rate
The interest rate for the bank loan is 4.5675/oo per month fixed for the whole
bank loan term.
2. Penalty Interest Rate
The penalty interest rate is fixed at 9.135/oo per month in case that we use the
bank loan for purpose other than that stated in this application letter; The
penalty interest rate is fixed at 6.8513/oo per month in case that we delayed in
repayment of the loan.
3. The interest will be calculated from the date of transfer of the loan into
the account of borrower. The interest will be calculated by the day and the
daily interest = monthly interest/30 = annual interest/360. In case that we fail
to pay the interest on time, the compound interest will be imposed from the next
day.
4. Payment of Interest
The interest will be paid monthly at the 20th day of each month.
(2) Loan in Foreign Currency
N/A
Five. Repayment Plan
We will repay the principal of the loan according to the following schedule:
Date: August 23, 2006, Amount: RMB 30,000,000.00 yuan
Six. This letter shall come into effect once it is signed by the legal
representative (or authorized representative) of us and stamped with the company
chop of us. This letter is an appendix and an integral part to the Agreement.
This letter is irrevocable. We will perform our obligations strictly in
accordance with the Agreement and its appendix. Please review and approve our
application.
Seven. This letter has three originals.
Applicant: Shenzhen BAK Battery Co., Ltd. (stamp)
Legal Representative (person in charge): Xx Xxxxxxxxx
Date: February 22, 2006
After examination, we approved the above application.
Shenzhen Branch, China Construction Bank (stamp)
Person in charge or authorized representative: (signature):_______
Date: February 22, 2006
