Contract
Summary of Loan Agreement
Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and
Shenzhen Eastern Branch, Agricultural Bank of China (“the Creditor”) dated May
21, 2010
Main
contents
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Contract
number: 81101201000000603;
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Loan
principal:
XXX 00 xxxxxxx;
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Xxxx
xxxx: from May 21, 2010 to April 22,
2011;
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Floating
interest rate: annually 5.0445%, rate adjustment in a 3-month
cycle;
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Interest
accrued and settled per month, interest settlement day is the 20th
day of each month;
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Penalty
interest rate for delayed repayment: 5.0445% plus 30%
*5.0445%;
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Penalty
interest rate for embezzlement of loan proceeds: 5.0445% plus 50%
*5.0445%;
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Purpose
of the loan is to provide working capital for purchasing raw material of
the Company;
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Advanced
repayment of loan needs to be approved by the
Creditor;
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Breach
of contract penalties: correct the breach of contract in time limit;
suspension of loan unprovided; release loan agreement, demand
prepayment of loan principal and interest before maturity; imposition
of punitive interest incurred due to delayed loan; imposition of punitive
interest for embezzlement of loan; imposition of plural interest for
unpaid interest; withdraw from any accounts of the Company the loan
principal, interest and other fees; compensation for the Creditor’s
expenses incurred due to demanding the loan principal and interest in case
of litigation, etc.
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Supplemental:
in the event that the Company repaid the loan in advance, it has
to pay extra handling fee: advanced repaid amount * share
months * 1‰.
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Headlines
of the articles omitted:
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Loan
arrangement
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Interest
clearing of the loan
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Payment
of the loan
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Rights
and obligations of the Creditor
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Rights
and obligations of the Company
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Interest
penalty of loan
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Guarantee
of the loan agreement
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Disputation
settlement
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Validity
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Text
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Notification
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