0001144204-08-027574 Sample Contracts

Contract
Comprehensive Credit Facility Agreement • May 12th, 2008 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies

Comprehensive Credit Facility Agreement of Maximum Amount Entered into and by Shenzhen BAK Battery Co., Ltd (the “Company”) and Shenzhen Hi-tech Industrial Park Branch, Industrial Bank Co., Ltd (the “Creditor”) dated March 25th, 2008

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Contract
Loan Agreement • May 12th, 2008 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies

Summary of Loan Agreement entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Hi-tech Industrial Park Branch, Industrial Bank Co., Ltd (“the Creditor”) dated March 25, 2008

SETTLEMENT AGREEMENT
Settlement Agreement • May 12th, 2008 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS SETTLEMENT AGREEMENT (the “Settlement Agreement”) is entered into by and between Chinamerica Fund, LP (“Chinamerica”) and China BAK Battery, Inc. (the “Company”) and its subsidiary BAK International, Ltd. (“BAK International” and, together with the Company, “CBAK”). Chinamerica and CBAK are also each referred to separately as a “Party” and together as the “Parties.” The Parties, in order to resolve disputed and contested issues and to limit the hazards, uncertainties and inconvenience of potential litigation, enter into this Settlement Agreement.

SETTLEMENT AGREEMENT
Settlement Agreement • May 12th, 2008 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS SETTLEMENT AGREEMENT (the “Settlement Agreement”) is entered into by and between The Pinnacle Fund, L.P. (“Pinnacle”) and China BAK Battery, Inc. (the “Company”) and its subsidiary BAK International, Ltd. (“BAK International” and, together with the Company, “CBAK”). Pinnacle and CBAK are also each referred to separately as a “Party” and together as the “Parties.” The Parties, in order to resolve disputed and contested issues and to limit the hazards, uncertainties and inconvenience of potential litigation, enter into this Settlement Agreement.

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