EX-10.4 5 bak10qsbex104063005.txt SUMMARY OF LOAN AGREEMENT Exhibit 10.4 Summary ------- Summary of Loan Agreement by and between Shenzhen BAK Battery Co., Ltd. and Longgang Branch, Agricultural Bank of China dated March 21, 2005. Main contents: >> Contract No. (Shenzhen Longgang) Nong Yin Jie Zi (81101200500000299) >> Loan Amount (RMB) 20million yuan >> Contract Term: 21th March 2005 - 21th September 2005 >> Interest rate: 5.22% >> Repayment: principal and interest are payable six months from date of agreement >> Purpose: Working capital >> Liabilities of Breach of Contract: Breach of contract penalty; withdrawal of loan, prepayment of principal and interest before maturity, attachment of assets; imposition of compound interest; lawyer's fee and travel cost in case of litigation due to the Company 's breach of contract etc. Terms that have been omitted: types of the loan; clearing of the loan interest; condition precedent to the drawing of the loan; rights and obligations of the borrower; rights and obligations of the lender; prepayment of the loan; guarantee of the loan; dispute settlement; miscellaneous; effectiveness; validity; and attention.