FORM OF WARRANT]Warrant to Purchase Common Stock • October 22nd, 2009 • 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), ______________ ( ) 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
CHINA BAK BATTERY, INC. Units Consisting of One Share of Common Stock and a Warrant to Purchase 0.25 of a Share of Common Stock PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • October 22nd, 2009 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies • New York
For purposes of this Agreement, all references to the Registration Statement, the Rule 462 Registration Statement, the Base Prospectus, a Preliminary Prospectus, the Final Prospectus or any amendment or supplement to any of the foregoing shall be deemed to include the copy filed with the Commission pursuant to its Next-Generation EDGAR system. All references in this Agreement to financial statements and schedules and other information which is “described,” “contained,” “included” or “stated” in the Registration Statement, the Rule 462 Registration Statement, the Base Prospectus, a Preliminary Prospectus or the Final Prospectus (or other references of like import) shall be deemed to mean and include all such financial statements, pro forma financial information and schedules and other information which is incorporated by reference in or otherwise deemed by the Rules and Regulations to be a part of or included in the Registration Statement, the Rule 462 Registration Statement, the Base P
SUBSCRIPTION AGREEMENTSubscription Agreement • October 22nd, 2009 • China Bak Battery Inc • Miscellaneous electrical machinery, equipment & supplies • New York
