FORM OF WARRANT] CHINA BAK BATTERY INC. Warrant To Purchase Common StockWarrant to Purchase Common Stock • August 26th, 2008 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies • New York
China BAK Battery Inc., a Nevada corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [___________], the registered holder hereof or its permitted assigns (the "Holder"), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon surrender of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the "Warrant"), at any time or times on or after the date hereof (the "Initial Exercise Eligibility Date"), but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), ______________ ( )1 fully paid, nonassessable shares of Common Stock (as defined below) (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Section 15. This Warrant
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 26th, 2008 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies
This Securities Purchase Agreement (this “Agreement”) is dated as of August 22, 2008, between China BAK Battery, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, a “Purchaser” and collectively, the “Purchasers”).
