EX-99.9 14 exhibit99-9.htm EXHIBIT 99.9 China BAK Battery, Inc.: Exhibit 99.9 - Filed by newsfilecorp.com

Exhibit 99.9

Summary of Loan Agreement Entered into by and between Shenzhen BAK
Battery Co., Ltd. (“the Company”) and Shenzhen Hi-Tech District Branch,
Industrial Bank CO. Ltd (“the Creditor”) dated January 6, 2010

Main contents

  • Contract number: Xingyinshen Gaoxinqu Shouxinduanjiezi(2009)021;

  • Loan principal: RMB 50 million;

  • Loan term: from January 6, 2010 to December 31, 2010;

  • Fixed interest rate: annually 4.779%;

  • Interest accrued and settled per month, interest settlement day is the 20th day of each month;

  • Penalty interest rate for delayed repayment: 4.779% plus 50% *4.779%;

  • Penalty interest rate for embezzlement of loan proceeds: 4.779% plus 50% *4.779%;

  • Purpose of the loan is to provide working capital for the Company;

  • Advanced repayment of loan needs to be approved by the Creditor;

  • 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.


Headlines of the articles omitted:

  • Termination and explanation
  • Loan arrangement
  • Interest clearing of the loan
  • Payment of the loan
  • Rights and obligations of both the Creditor and the Company
  • Declaration and undertaking of the Company
  • Interest penalty of loan
  • Guarantee
  • Continuity of Obligations
  • Disputation settlement
  • Validity
  • Supplement articles