EX-99.5 15 exhibit99-5.htm EXHIBIT 99.5 China BAK Battery, Inc.: Exhibit 99.5 - Filed by newsfilecorp.com

Exhibit 99.5

Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on Sept 29, 2013

Main contents:

  • Contract number: 2012 Zhenzhongyin Gangdizi 000527;
  • In order to guarantee the indebtedness of RMB 370 million for Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards the Creditor under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 2012 Zhenzhongyin Gang Exiezi 000527) and the loans agreement and supplemental agreement to be signed, the Mortgager agrees to pledge its properties as follows to the Creditor.
Mortgage Name  Amount Property/Land use right No. Location
Industrial land Shen Fangdizi No. 4000376876 Shenzhen City
  • Scope of Guaranty: The guaranty shall cover all of the loan principal, interest, penalty interest, breach of contract compensation, damages, undertaking fee and all the expenses such as litigation fee, lawyer’s fee, etc., which is incurred to the Creditor in realizing its creditor’s right.

Headlines of the articles omitted:

  • Payment on demand
  • Undertakings of the Mortgager
  • Validity of the Creditor’s Right
  • Occupancy of Collaterals
  • Insurance of Collaterals
  • Mortgage Registration
  • Instances of Breach of Contract and its Liabilities
  • Declaration and guaranty of the Mortgager
  • Amendment of the Contract
  • Effectiveness and Disputation settlement

1