Contract
Comprehensive Credit
Facility Agreement of Maximum Amount (“Credit Facility
Agreement”)
Entered into by and between Shenzhen BAK Battery Co., Ltd (the “Company”) and Shenzhen Longgang Branch, Guangdong Development
Bank (the “Creditor”) Dated May 14th, 2010
Main
contents
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Contract
number: 10204110099;
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Maximum
amount of credit facilities to be provided: XXX 000
xxxxxxx;
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X
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Xxxx:
from May 14, 2010 to May 14,
2011;
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Floating
discount rate: in line with the discount rate issued by the Creditor on
the date of discount;
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Penalty
interest rate for delayed repayment: discount rate plus 50%
* discount rate;
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Penalty
interest rate for embezzlement of loan proceeds: discount rate
*1;
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Interest
settlement: the interest deducted prior to paying for the
Company;
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The
maximum discount amount under this credit facility is RMB 100
million;
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In
the event of occurrence of any of the following during the term of loan,
the Creditor is entitled to demand repayment of loan principal before
maturity and withdraw directly from any accounts of the Company for the
repayment:
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Delay
in repayment of interest for the
loan;
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Embezzling
loan (i.e. using loan proceeds for purposes other than what is agreed
in the contract without the consent of the
Creditor);
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Making
untrue declaration or breach of
promise;
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Occurrence
of other instances which endanger the safety of the loan provided by the
Creditor;
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Breach
of contract penalties: correct the breach of contract in time limit;
adjustment of the credit amount, suspension of credit; demand prepayment
of loan principal and interest before maturity; indemnification for
the Creditor’s expenses incurred due to breach of contract,
etc.
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Headlines
of the articles omitted:
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Termination
and explanation
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Procedure
on using the comprehensive credit
facility
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Declaration
and promise of the Company
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Interest clearing
of the loan
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Interest
penalty of loan
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Guarantee
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Disputation
settlement
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Validity
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