Contract
Summary of Chattel Mortgage
Contract (“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 June 26, 2009
Main
contents:
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Contract
number: 81903200900000217
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In
order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd.
(the “Obligor”) towards the Creditor under the Loan
Agreement (reference no.: 81101200900001450) from June 26, 2009
to June 25, 2010, the Mortgager agrees to pledge
its full margin of RMB20.381830 million to the
Creditor.
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The
amount of guaranteed debt principal is HKD23.46452199
million.
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Scope of Guaranty: The
guaranty shall cover all of the loan principal, interest, penalty
interest, breach of contract compensation, damages, undertaking fee and
all the expenses such as litigation cost, lawyer’s fee, notification cost
and public notice cost etc. which is incurred to the Creditor in realizing
its creditor’s right.
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Collateral: The
Mortgager agrees to pledge its full margin of RMB20.381830 million to the
Creditor.
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Breach of Contract Penalties: additional 30% of
the maximum amount secured in this Contract and full compensation for the
Creditor’s loss due to the Mortgager’s breach of
contract.
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Headlines
of the articles omitted:
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Undertakings
of the Mortgager
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Validity
of the Creditor’s Right
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Transferring
and Occupancy of Collateral
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Collateral
Security
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Realizing
of Creditor’s Right
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Return
of Collateral
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Fee
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Disputation
settlement
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Supplement
articles
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Attachment
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Validity
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Notification
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